Loading...
HomeMy WebLinkAboutScion Staffing Master Agreement- City of Tigard SCION - STAFFING - STAFFING AGREEMENT This document sets forth the agreed upon terms for use of Scion Staffing's temporary employee placement services, and the rights and responsibilities of both Scion Staffing, Inc. and City of Tigard (listed as Client herein): TEMPORARY STAFFING: Scion Staffing will supply its employees ("Associates") to Client in exchange for an hourly fee. Scion Staffing refers candidates solely on the basis of reported qualifications and experience, and without regard to race, religion, gender, gender identity/expression, national origin, citizenship status, sexual orientation, disability, political affiliation, age, familial status, or any other protected class. (1) Hourly Fees, Services and Responsibilities A. Client agrees to pay the hourly rate as listed on the selected Scion Staffing Associate's candidate presentation in exchange for the hourly assistance of the Scion Staffing Associate(s). In return, Scion Staffing agrees to recruit, interview, select, and hire applicants who, in Scion Staffing's judgment, are generally qualified to perform the work required under this agreement. In exchange for the hourly fee listed herein, Scion Staffing will pay and upkeep all hourly payroll, worker's compensation insurance, FICA, FUTA, SUTA, SDI, Medicare, unemployment insurance, and unemployment claims associated with the Scion Staffing Associates employment with Client. Scion Staffing also exercises supervision of Associates for human resources matters, and replaces if their performance is not adequate. This pricing may be adjusted to reflect small increases in wage related tax, benefit, or worker's compensation insurance, and in the event of such occurrence Client will be notified in writing before applied. Should Client return to Scion Staffing in interest of placing other positions, the hourly rate will be listed on the subsequently selected Scion Staffing Associate candidate presentation. B. In the instance additional hours or costs are required to be paid by your local law, (such as Local Healthcare Ordinances, paid sick leave, and Affordable Care Act) Client will only be billed for the costs associated with your Associate's specific assignment. C. In the event overtime is worked under this agreement, approved overtime will be billed to Client at the hourly rate of time and a half, computed as 1.5 times the above listed hourly rate. D. Client agrees that canceling a temporary assignment (prior to the start date/time) with less than 24 hours' notice constitutes a 4-hour minimum fee. (2) Client's Responsibilities A. Approve all hours worked and be billed accordingly. Will designate representative(s) to approve and sign all documentation of time worked and pay for the hours worked by Scion Staffing Associates. B. Provide Associates with instructions, training, assistance, supervision, and time for performing their assignments comparable to what Client provides to its own employees. C. Will bear or insure the risks and responsibilities inherent in its own business or activities. D. Take reasonable steps to protect and secure Client's intellectual property. E. Provide Associates and Staffing Firm with timely and adequate notice of all unsafe conditions or potential hazards at the workplaces where Associates will work or be located. F. Notifying Scion Staffing immediately of any accidents or incidents involving Associates and of any inspection or request for information by OSHA or its state counterparts. 1 ' Page Scion Staffing, Inc. Iwww.scionstaffing.com I (888)487-8850 SCION - STAFFING - STAFFING AGREEMENT (3) Client may hire the employee(s)for a conversion fee. If Client chooses, Client may hire the Scion Staffing Associates directly during or after the temporary employment term in exchange for a conversion fee. (4) Contract-to-hire conversion fee. The conversion fee decreases and is discounted the longer the Scion Staffing employee has worked for Client in a temporary capacity. This fee is to be computed as a percentage of the annual starting salary of the Scion Staffing Associates hired as follows: Total hours worked at Client Conversion fee 0 to 301 hours worked 22% of the annual starting salary 301 to 500 hours worked 20% of the annual starting salary 501 to 650 hours worked 18% of the annual starting salary 651 to 800 hours worked 16% of the annual starting salary 801 to 1000 hours worked 12% of the annual starting salary 1001 to 1200 hours worked 8% of the annual starting salary 1201 to 1400 hours worked 3% of the annual starting salary 1401+ hours worked No fee for conversion Hiring via conversion does not include a replacement guarantee. Thus, there are no Conversion Fees refunds or any obligation by Scion Staffing to search for a replacement candidate if a Scion Staffing Associates is hired or engaged by Client and is subsequently terminated or resigns. Of course, Client may always start a new search with Scion Staffing for additional staff members at any time. (5) Excluded Services. (A) No Scion Staffing Associates shall be assigned job duties or physically located where the Scion Staffing Associates would:(a)have access to cash,negotiable instruments,or consumer credit information unless it is an essential function of the role or agreed upon in writing; or (b) drive or ride in an automobile or truck, or operate motorized mobile equipment of any kind. (8) Scion Staffing shall not perform criminal background checks or drug tests on any Scion Staffing Associates, unless the Client specifically request those checks or tests in writing and agrees to pay Scion Staffing's out-of-pocket costs for those background checks and drug tests. Staffing Firm shall apply its own adjudication and selection criteria to the results of such background checks when placing Associates on assignment to Client. (C) Should Client wish to reassign any Scion Staffing Associates to job duties other than those that the Scion Staffing Associates had at the beginning of their assignment, the Client shall immediately: (i) disclose to Scion Staffing the proposed job duties, work-site location(s), and work hours, and (ii) obtain Scion Staffing's consent prior to reassigning any Scion Staffing Associates to a new job duty or site location. (6) Force Majeure. Neither Client nor Scion Staffing shall be responsible for failure or delay in performing its obligations hereunder if such failure or delay is due to labor disputes, strikes, fire, riots, war, acts of God, or any other cause beyond either party's control. 2 ' Page Scion Staffing, Inc. Iwww.scionstaffing.com I (888)487-8850 SCION - STAFFING - STAFFING AGREEMENT (7) Scope and work space. Under this agreement Client agrees to employ Scion Staffing Associates only within the scope of the position to be agreed upon at receipt of search criteria for each search Scion Staffing undertakes on behalf of Client. Client also agrees to offer a suitable work space for the Scion Staffing Associates, and give any site-specific safety training as required by any applicable federal, state, or local law and regulation. Scion Staffing reserves the right to physically inspect the work site and work processes to which its Associates are assigned, assess the working conditions to which Associates will be exposed on assignment to Client, conduct investigations of accidents and incidents relevant to Associates' assignments and enforce Scion Staffing's policies relating to Associates. (8) Prohibited Activities. Client agrees to not engage the Scion Staffing Associates in the following activities: • Attendance at unpaid events, trainings, or parties hosted by Client. • Pay or deliver to Associates any form of compensation without written approval. • Discuss compensation matters with Associates. • Any illegal activity. • The consumption of drugs or alcohol. • Working around vehicular traffic (such as giving handouts or taking surveys). • Operating owned or non-owned vehicles. • Drive or ride in an automobile or truck, or operate motorized mobile equipment of any kind. • Heavy machinery/power tool operators (i.e., punch press, welding equipment, saws, drills, grinders). CONTINGENT. DIRECT-HIRE STAFFING Recruitment fee agreement between Scion Staffing and Client listed herein are as follows: (1) Contingent, Direct-Hire Fee. In exchange for Scion Staffing's Direct Hire recruitment services Client agrees that for each Scion Staffing candidate later hired to pay a fee of 22% of the starting annual base salary for each placement plus any guaranteed bonuses.State tax will be added to the service fee when required by law.These fees are invoiced on the start date of the candidate(s) hired from Scion Staffing, and due within thirty (30) calendar days. (2) Guarantee of our Direct-Hire fees charged. Under this agreement for all Scion Staffing candidates hired by Client, Scion Staffing agrees to guarantee the initial placement for the first three months(90-calendar days) of employment with Client. During this period, if Client terminates employing the candidate, or if the candidate terminates employment with Client, Scion Staffing will recruit for the exact position title and job duties one additional time for no additional cost. Replacement notice and confirmation of employment separation must be provided in writing to Scion Staffing within the 90-calendar day guarantee period to be valid. Regardless of the compensation offered for the replacement search,the original placement fee is still due as listed in the terms in Sections 3 and 7.This guarantee is not valid when the candidate leaves employment due to layoffs because of budgetary constraints;when there are harassment or discrimination claims made by the candidate involving the Client; or when the responsibilities or authority of the position are significantly different than represented at the time of hire. Scion Staffing fees are non- refundable. All replacement search/guarantee requests must be initiated within 90-calendar days from the original hire date to be valid. Scion Staffing agrees to work to refill the position for up to 120-calendar days from the date of replacement notice and will do our best to make your hire a success. The 120-calendar day replacement search timeframe begins when written notice is received, and the replacement search does not start until the original 3IPage Scion Staffing, Inc. Iwww.scionstaffing.com I (888)487-8850 SCION - STAFFING - STAFFING AGREEMENT placement fee has been paid in full. In the rare event that the original invoice has not been paid at the time of replacement notice, Scion Staffing recruitment work will not begin until full payment is made. However, the 120- calendar day replacement period listed above begins at the time of the replacement notice and payment for the invoice is still due. Replacement searches cannot be put on hold, nor can they be applied to other roles or balances due. (3) Scion Staffing's Connection to Candidates Individuals presented by Scion Staffing are considered candidates of Scion Staffing, unless one of the following conditions is met: 1. The client can provide evidence that they have actively engaged and interviewed the candidate for the role within six months before the candidate's presentation by Scion Staffing. 2. The client has informed Scion Staffing of the candidate's interest and has expressly requested the candidate(s) not be evaluated through the Scion Staffing recruiting process prior to Scion Staffing interviewing the candidate for the role. 3.The client can demonstrate that another recruitment firm presented the candidate to them for the same role that Scion Staffing has been hired to recruit, within six months preceding the candidate's presentation by Scion Staffing. Please note that candidate name(s) and/or any prospects shared with Scion Staffing by the client are deemed to be represented by Scion Staffing.Additionally, client's prior receipt of any candidate materials (application, resume, etc); or previous consideration of the candidate for a different role, will not exempt the client from its obligation to pay the Contingent Direct Hire Fee as outlined in Section 3, unless one of the conditions above is met. MISCELLANEOUS: (1) Confidentiality. (A) Client and Scion Staffing shall not disclose or release to any third party any information pertaining to the other party's employees including, but not limited to, name, address, social security number, hours worked, and bill rates, without first obtaining the consent of the other party. Client and Scion Staffing shall not to disclose or release to any third party any information pertaining to the terms of this Agreement, including, but not limited to, information regarding rates, mark-ups and allocation of percent of business, without first obtaining the consent of the other party. (B) Upon termination of this Agreement, Scion Staffing shall deliver to the Client all papers, notes or other materials which may contain any Client Confidential Information. "Client Confidential Information" shall mean all information the Client provided to Scion Staffing, which the Client has identified to Scion Staffing or marked by the Client as confidential. (2) Governing Law. This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A. (3) Payment, collection, and past due balances. Client agrees to make full payment within 30 days of invoicing. In the event of past due balances (such as balances that are not paid within 30 days of invoicing), a monthly finance charge of 1.5% will be added. Client agrees to pay for all hours worked by Scion Staffing Associates, unless communicated as 41Page Scion Staffing, Inc. Iwww.scionstaffing.com I (888)487-8850 SCION - STAFFING - STAFFING AGREEMENT unapproved within 48 hours of the Associates submitted time card via the Scion Staffing timekeeping system. Client agrees to be responsible for Scion Staffing's collection costs including collection agency fees and expenses on any past- due balances. (4) Dispute. In the event of any dispute, however unlikely, Client and Scion Staffing agree legal fees may be sought by the aggrieved party regarding this contract or any issue related to the employment relationship between Scion Staffing and Client. (5) Entirety. This Agreement, together with all exhibits attached hereto and made a part hereof, shall be the entire understanding and agreement between the parties with respect to the subject matter set forth herein, and all prior agreements, understanding, covenants, promises,warranties and representations, oral or written,express or implied, not incorporated herein are superseded hereby. This Agreement may not be amended, modified, altered, supplemented, or changed in any way except in writing, signed by the parties and attached hereto as an amendment. (6) Assignment. Neither party may assign this Agreement, in whole or in part,without the prior written consent of the other party, except for assignment to a corporate affiliate of the assigning party.Any assignment in violation of this provision shall be void. This Agreement shall be binding upon the parties hereto,their successors, heirs and assigns, as permitted. (7) Consent. Client agrees to not directly or indirectly hire, or cause another company, staffing company, or entity, to hire any Scion Staffing candidate without prior written consent of Scion Staffing for a period of twelve months after the date of introduction, unless done so under this agreement. Thus, Client, or any representatives of Client will not directly or indirectly hire, recommend, refer, or cause any company/entity, or staffing firm to hire the Scion Staffing Associates(s)or candidate(s)without prior written consent of Scion Staffing. In the event of any such interference Client agrees to pay the direct fee listed in section (3) for Scion Staffing's services. (8) Term. Client and Scion Staffing reserve the right to cease work under this Agreement at any time through notice by direct written communication. Conclusion of the Agreement will end the staffing relationship, but the Agreement will continue to govern the parties' rights and obligations with respect to the business done and the Associates assigned before conclusion of the Agreement. 5IPage Scion Staffing, Inc. Iwww.scionstaffing.com I (888)487-8850 SCION - STAFFING - STAFFING AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized signing officers as of the day and year shown below. Client Signature Date Client Name: Client Title: Company: Scion Staffing Signature Date Scion Staffing Contact: Title: Scion Staffing Inc. 61Page Scion Staffing, Inc. Iwww.scionstaffing.com I (888)487-8850