HomeMy WebLinkAboutContractTHIS AGREEMENT, dated for reference purposes only as April 20, 2022, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and Howroyd-Wright
Employment Agency, Inc.dba AppleOne Employment Services (“Consultant”), a California limited
liability corporation. The City and the Consultant are referred to collectively in this Agreement as
the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date
signed by both parties.
1.Scope of Work: Consultant agrees to provide temporary, temporary-to-hire and direct
hire services as specified in Exhibit A, which is attached and incorporated herein and
may hereinafter be referred to asthe “Work.”
2.Changes in Scope of Work: The City, without invalidating this Agreement, may order
changestotheWork consisting of additions,deletions ormodifications. Anysuch changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitablyadjusted consistent withtheratesset forth inExhibit Aor asotherwise mutually
agreed by the Parties.
3.Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later
than December 31, 2022.
4.Compensation:
A. Amount. Total compensation to Consultant for Work shall be as provided in Exhibit A,
plusanyapplicable stateand localsalestaxes.Compensation shallbe paidbasedupon
Work actually performed according to the rate(s) or amounts specified in Exhibit A.
The Consultant agrees that any hourly or flat rate charged by it for its Work shall
remain locked at the negotiated rate(s) unless otherwise agreed to in writing or
provided in Exhibit A. Except as specifically provided herein, the Consultant shall be
solely responsible for payment of any taxes related to the wages paid by Consultant
to Consultant’s employees for performance of Work provided to City under this
Agreement.To the extent AppleOne maybe required to paythe Consultant employee
overtimeor doubletimeunder anyfederal, state,or local law,ConsultantwillbillCity,
as applicable: 1) at the appropriate legal rate, based upon the employee’s base wage
for overtime or double time work, plus the negotiated mark-up set forth herein or 2)
AGREEMENTFORTEMPORARY,TEMPORARY-TO-HIREAND
DIRECT HIRE SERVICES
CAG-22-183
PAGE 2 OF 10
for an overtime bill rate, which will be calculated by applying a multiplier of 1.5 or 2.0
(based upon the legally applicable overtime wage rate) to the Consultant employee’s
standard hourly bill rate.
B. Method of Payment. Consultant shall submit a weekly voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed in accordance
with the terms set forth in Exhibit B, attached hereto and whose terms are
incorporated hereby. If the Consultant’s performance does not meet the
requirements of this Agreement, the Consultant will correct or modify its
performance to comply with the Agreement. The City will promptly notify
Consultant of any work that does not meet the requirements of this Agreement and
the parties will seek to resolve any such disputes in good faith.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5.Termination:
A. Both parties reserve the right to terminate this Agreement at any time, with or
without cause by giving ten (10) calendar days’ notice to the non-terminating party in
writing. In the event of such termination or suspension, all finished or unfinished
documents, data, studies, worksheets, models and reports, or other material
prepared by the Consultant pursuant to this Agreement shall be submitted to the
City, if any are required as part of the Work.
In the event this Agreement is terminated by the City, the Consultant shall be entitled
topaymentfor allhoursworkedtotheeffectivedateoftermination, lessallpayments
previouslymade. If the Agreement is terminated by the Cityafter partialperformance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
PAGE 3 OF 10
of any of the provisions of this Agreement. No payment shall be made by the City
for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6.Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
createdforand delivered tothe Citypursuant tothis Agreement shallbethe originalwork
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of thisAgreement.
7.Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public RecordsAct
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of thisAgreement.
8.Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make aduediligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
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distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of thisAgreement.
9.IndependentContractorRelationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or anyemployee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10.Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses
(collectively “Claims”) to or byanyand allpersons or entities, arisingfrom,resultingfrom,
or related to the negligent acts or willful misconduct of the Consultant in its
performance of this Agreement or a breach of this Agreement by Consultant, except for
that portion of the Claims arising from, resulting from or related to the City’s sole
violation of applicable law, negligence or willful misconduct.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
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4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shallbe onlyto the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survivethe expiration ortermination of thisAgreement.
To the maximum extent permitted by applicable law, the parties acknowledge and agree
that neither Consultant nor City, nor any of their respective affiliates, nor any of all of their
respective officers, directors, employees, or agents shall have any liability for any indirect,
consequential, special or incidental damages, damages for loss of profits or revenues,
whether in an action in contract or tort, even if such party has been advised of the
possibility of such damages. The provisions of this section shall survive the expiration or
termination of this Agreement.
11.Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement,or evaluating the Consultant’sperformance of the Work.
12.City of Renton Business License: Unless exempted by the Renton Municipal Code,
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13.Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregatefortheTerm ofthisAgreement.
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B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedyavailable at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered tothe City before performingthe Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14.Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15.Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16.Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
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transmission. Email and telephone may be used for purposes of administering the
Agreement,butshouldnotbeusedto giveanyformalnoticerequiredbytheAgreement.
CITYOFRENTON
KristiRowland,DeputyCAO
1055SouthGradyWay
Renton,WA98057
Phone:(425)430-6947
krowland@rentonwa.gov
17.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees asfollows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under thisAgreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection fortraining.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
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PAGE 10 OF 10
Council Resolution Number 4085.
18.Miscellaneous:Thepartiesherebyacknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19.OtherProvisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver thisAgreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Kristi
Rowland. In providing Work, Consultant shall coordinate with the City’s contract
manager orhis/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
PAGE 10 OF 10
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevailand the extraneous terms shall not be
incorporatedherein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation,drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
thisAgreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
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successors, assigns, and legal representatives of such other party with respect to all
covenantsof theAgreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it isexpressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITYOF RENTON
By:
CONSULTANT
By:
Kristi Rowland
Deputy Chief Administrative Officer
Thai Ngo
Vice President of Finance
Date Date
Approved asto Legal Form
By:
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CityAttorney
Contract Template Updated 5/21/2021
Submitted by AppleOne Employment Services Revision: 12/29/2020
Page 1
Exhibit A
APPLEONE EMPLOYMENT SERVICES
PREFERRED CLIENT PRICING EXHIBIT
AppleOne Employment Services appreciates the opportunity to lock in our rates with City of Renton. This exhibit will serve as
written confirmation of the rates being offered to City of Renton through our Temporary and Full Time/Direct Hire division.
These reduced rates will be available to City of Renton until December 31, 2022.
TALENT ACQUISITION PROGRAM RATES:
DIRECT HIRE: INDUSTRY EXCLUSIVE 5-YEAR GUARANTEE
The Standard Direct Hire Fee is 25% of the Candidate’s First Year Annual Salary.
PREFERRED/NEW CLIENT FEE: 25% OF ANNUAL SALARY:
Example: $ 31,200.00 X 25% = $7,800.00
30 Calendar Day – Free Replacement or Full Refund:
Upon termination or resignation of the original candidate within the first 30 calendar days of employment, AppleOne will provide
a one-time free replacement for the same position or refund 100% of the Client’s paid fee.
31 to 90 Calendar Day – Free Replacement or Prorated Refund:
Upon termination or resignation of the original candidate between 31 and 90 calendar days, AppleOne will provide a one-time free
replacement for the same position or prorate the paid fee based on the number of calendar days the candidate was employed
(1/90th of the fee per calendar day) and refund the remaining amount.
91 Calendar Days to Five (5) Years- 50% Discount: Upon promotion, termination or resignation of original candidate
between 91 calendar days and up to five (5) years, AppleOne will refill the same position at 50% of the original fee (minimum
$2000 refill fee).
Direct Hire Replacement Guarantees will be satisfied when AppleOne presents up to a maximum of five (5) replacement candidates
to Client who AppleOne has determined meet the original job specifications of the original position. Once AppleOne has made
those five (5) presentations, its obligations under the guarantee are met, whether the company/employer chooses to hire one of
the candidates presented or not.
Direct Hire Guarantees are not applicable to converted employees and are not available in the event of employee
termination or resignation due to a relocation of place of employment, a significant change in compensation or other benefits of
employment, unlawful conduct of the employer, harassment of the employee, or other conditions or events not in keeping with a
professional and reasonable working environment.
Payment for services is due upon receipt or start date, whichever is later. Direct Hire Guarantees are subject to payment of
invoices within 10 calendar days of the date of the invoice or candidate start date, whichever is later. Guarantees are null and
void if payment is not received within these this time frame.
ANCILLARY SERVICES:
In an effort to provide our clients with the most qualified candidates, we may enlist assistance from one or more of our ancillary
companies. Prior to utilizing any of the above ancillary companies, you will be notified and provided with an addendum
containing modified rates (if applicable).
Submitted by AppleOne Employment Services Revision: 12/29/2020
Page 2
APPLEONE EMPLOYMENT SERVICES
TEMPORARY AND TEMPORARY TO HIRE:
AppleOne agrees to lock in City of Renton into the following Bill Rate Ranges:
Position Bill Rate Range
Data Entry $26.40-$27.20
Administration $31.35-$35.20
Our Bill Rate includes the following: candidate’s pay rate plus payroll taxes, W-2 reporting, workers compensation and all
applicable administrative costs. Rates are subject to change based on minimum wage requirements.
LIQUIDATION/CONVERSION:
City of Renton may convert any AppleOne temporary employee to a full-time employee according to the following schedule:
HOURS COMPLETED LIQUIDATION/CONVERSION FEE
1-240 Hours
241-480 Hours
481-719 Hours
720+ Hours
20% of Annual Salary
15% of Annual Salary
10% of Annual Salary
5% of Annual Salary
Hours completed by one temporary associate are non-transferable to another temporary associate.
HOLIDAY PAY
The current average rate of unemployment continues to drop. Based on this market, we are committing to paying Temporary
Associates up to seven of the major Holidays per year to stay competitive when attracting and retaining top talent. The annual
Holidays are outlined as follows:
New Year’s Day, Martin Luther King Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day & Christmas Day
Following is a quote from one of our Associates who expressed their gratitude for receiving Holiday Pay:
“I think that this generosity encourages us to continue to go above and beyond in assisting with the
company’s success in any way we can.” – B. Walling, Administrative Assistant
Position Holiday Hourly Bill Rate
Data Entry $26.40-$27.20
Administration $31.35-$35.20
SICK PAY
Federal, state or local laws, either currently existing or enacted in the future, may require AppleOne to provide covered employees
with certain paid sick leave. AppleOne agrees to comply with all provisions of each sick time law (“Sick Time Law”) with respect to its
covered employees as such laws become effective. To address the increased costs for compliance with Sick time Law, City agrees to
be invoiced for paid sick time of a temporary employee assigned to City according to the below time sick hourly bill rate schedule
after the associate has completed 520 hours; provided that the specific criteria required for the payment of such sick time to such
employee under the applicable Sick Time Law has been met.
Submitted by AppleOne Employment Services Revision: 12/29/2020
Page 3
APPLEONE EMPLOYMENT SERVICES
Position Holiday Hourly Bill Rate
Data Entry $26.40-$27.20
Administration $31.35-$35.20
PAYROLL ACCOMMODATION
AppleOne's payroll accommodation program allows the Client to select the candidate and determine the salary that meets the Client’s
specific requirements. AppleOne will payroll these candidates at a discounted rate. The rate will include all applicable taxes, workers'
compensation, and all government reporting such as W2 forms, etc.
Please contact Kellie Danaher to discuss payroll accommodations when the need arises.
DEDICATED HIRING ADVISOR
Kellie Danaher, an experienced staffing professional from our AppleOne-Kent office has been selected to manage the
partnership with City of Renton and will be responsible for establishing consistent guidelines, maintaining effective
communication, and providing comprehensive usage reporting capabilities.
Kellie Danaher will tour your facility to fully comprehend the culture and environment at City of Renton, thus, enabling our
office to recruit, screen, evaluate, and qualify candidates who possess the tangible and intangible skills required to be productive
at your company.
By signing below, you are authorizing agreement to our Direct Hire, Temporary, Temp to Hire Conversion Schedule, as well as
our Sick and Holiday Pay terms.
Our commitment to find, understand and fulfill the needs of another has allowed AppleOne to effectively place temporary
associates for over fifty years, creating a successful partnership between both our client companies and our temporary associates.
We look forward to continuing to develop our partnership with you and City of Renton. If you have any questions or if I can be
of immediate assistance, please do not hesitate to call.
Sincerely,
Kellie Danaher
Area Manager
Kellie Danaher
Area Manager
____________________ _______________________
Kristi Rowland Date
City of Renton
Submitted by AppleOne Employment Services Revision: 12/29/2020
Page 4
APPLEONE EMPLOYMENT SERVICES
EXHIBIT B
TEMPORARY AND TEMPORARY-TO-HIRE SERVICES
1. Consultant employees are subject at all times to City’s direct and indirect supervision while on assignment
with City; Consultant does not supervise such employees on their assignments. City further agrees that
while Consultant employees are on assignment with City, they shall not be permitted, without express
advance written approval by an officer of Consultant, to i) engage in travel or otherwise operate a motor
vehicle or any non-office machinery or equipment on behalf of City, ii) handle cash or valuables or
negotiable instruments (City shall also not pay employees directly or advance any funds to them.), iii) be
permitted unsupervised or uncontrolled access to confidential or proprietary information, iv) be permitted
unsupervised access to or control of City’s business premises, v) remove any property of City from City’s
business premises, vi) purchase, consume or distribute any alcohol, or vii) consume drugs, unless advance
written authorization is provided by a physician. Should any Consultant employee be permitted by City to
engage in any of the activities described in i)-vii) above, City agrees to indemnify, defend and hold
harmless Consultant from claims arising therefrom and Consultant shall have no liability or responsibility
for losses resulting from the employee’s conduct.
2. Background checks are available for an additional fee and must be agreed to in writing by Consultant and
City. Consultant shall have no liability in connection with the acts or omissions of third-party vendor(s)
who perform any background check services.
3. City agrees to comply with all applicable state and federal laws, including, but not limited to, civil rights
and employment-related laws. City agrees to indemnify, defend and hold harmless Consultant and its
subsidiaries and related entities, and all of their respective officers, directors, shareholders, employees,
agents, and representatives (collectively, “Consultant Parties”) for claims, damages or penalties arising
out of any violation of laws by City. In addition, City agrees to comply with all laws, regulations and
ordinances relating to work site health and safety, and agrees to provide Consultant employees a safe and
healthful workplace. City agrees to indemnify, defend and hold harmless Consultant Parties for claims,
damages or penalties arising out of City’s violations of the Occupational Safety and Health Act of 1970,
or any similar state law with respect to workplaces owned, leased or supervised by City, and/or to which
Consultant employees are assigned. In the event of an accident, medical treatment, serious illness or
injury, or death involving a Consultant employee assigned to City, City shall notify Consultant
immediately. For any serious injury, illness or death, of a Consultant employee occurring in a place of
employment or in connection with an Consultant employee’s assignment with City, City is required to
report immediately, by telephone or fax, to the nearest Occupational Safety and Health Administration
(“OSHA”) office and is authorized and required by Consultant to make the report on behalf of both
Consultant and City. City shall provide to OSHA all information required by applicable law, as well as
Consultant’s name, address, phone number and contact person, and the Consultant employee’s name. City
shall notify Consultant immediately after the report has been made.
4. City will not reassign or relocate a Consultant employee without prior written authorization by
Consultant. City agrees to assume all liability for any third party claim arising after any reassignment or
relocation that occurs without such authorization.
5. Consultant will reassign an employee upon request of the City for any lawful reason, such as failing a
background check.
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6. City understands that Consultant employees are assigned to City to render temporary service and, absent
an agreement to the contrary, are not assigned to become employed by City. City acknowledges the
considerable expense incurred by Consultant to advertise, recruit, evaluate, train and quality control its
employees. City will not, without prior written authorization by Consultant, hire a Consultant employee,
or interfere with the employment relationship between Consultant and its employee.
7. City understands that Consultant may refer candidates for City’s evaluation or assign Consultant
employees to render temporary services at City often while such persons seek direct hire employment
through Consultant. If City, either directly or indirectly, such as through any company within City’s
control, either solicits, offers employment to and/or hires any Consultant candidate or employee as an
employee or consultant in any position, or utilizes such person’s services through another temporary or
outsourcing service, or any party affiliated with City refers such person to any other employer and said
person becomes employed by that employer: i) at any time from the date such person’s identity is
provided by Consultant to City until six (6) months thereafter, or ii) within six (6) months after
termination of such person’s temporary assignment through Consultant at City, whichever is the later,
City agrees to pay Consultant a direct hire fee in accordance with Consultant’s standard fee schedule
stipulated by the Parties to be equal to thirty percent (30%) of such person’s first year annualized wage or
salary. Unless City presents written evidence to Consultant of City’s prior knowledge of a Consultant
referred candidate i) within three (3) business days of Consultant’s referral of such candidate to City or ii)
prior to City’s interview of such candidate or iii) prior to Consultant’s assignment of such candidate at
City, whichever is earliest, City understands and agrees that City is liable for the payment of any fees due
to Consultant pursuant to this Agreement.
8. Consultant offers temporary-to-hire services to City. A Consultant employee temporarily assigned to City
is an employee of Consultant until released to City. Should City be interested in hiring a Consultant
employee, City shall contact Consultant, who will establish the terms and conditions for releasing the
employee to City’s payroll, including the conversion fee to be paid by City pursuant to the terms as set
forth in Attachment A.
INVOICING AND PAYMENT
9. City understands that Consultant employees must be paid weekly and agrees to promptly review, and
approve or verify, timecards or hours worked. City will be liable for any and all charges incurred based
upon City approved or verified timecards or hours or similar information submitted by City to Consultant.
If timecards or hours lack timely City approval or verification, Consultant will process payroll and
invoices based upon the timecards or hours submitted by the employees.
10. Consultant shall invoice City weekly. Payment of invoices is due upon receipt. City agrees that an account
balance that remains unpaid thirty (30) days after the invoice date will be considered in default and that
Consultant may assess a default charge of one and one-half percent (1.5%) per month on any such
balance. City agrees to pay any such default charges and attorneys’ fees for the cost of collection.
11. City and Consultant acknowledge that through the Patient Protection and Affordable Care Act of 2010, as
amended (“ACA”), and regulations promulgated thereby, statutory requirements have been imposed upon
certain employers of certain employees working in the United States. Consultant is committed to fulfilling
its ACA obligations through offering ACA-compliant benefits to eligible contingent workers, including
Consultant employees assigned to City. In demonstrating City’s commitment to ACA compliance,
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APPLEONE EMPLOYMENT SERVICES
effective January 1, 2016, City agrees to share in ACA-related costs by paying a $0.54 surcharge for each
hour of service provided by each Consultant employee assigned to City. The surcharge will be billed to
City in a separate line item on the invoice.
12. City’s payment method (Check box.): ApplePay’s eCheck is the preferred method. ACH/Other
shall be discussed between City and the Consultant representative.
13. Additional agreed upon pricing for the services to City under this Agreement may be set forth in one (1) or
more exhibit(s) to this Agreement or as mutually agreed upon by the Parties in writing. The Parties agree
that upon thirty (30) days’ written notice to City, pricing under this Agreement may change to
accommodate any increase or addition of any government-imposed taxes, fees or costs incurred by
Consultant after the Effective Date or an increase in the ACA surcharge. City and Consultant agree that
such written notice may be in the form of an electronic communication, including email.
OTHER TERMS
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.
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 or under the Washington
Public Records Act, RCW Chapter 42.5b (“PRA”). 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, unless contrary to the PRA.