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Home My WebLink AboutIT14-340 - Original - AT-Tech Staffing Services, Inc. - Systems Analyst Direct Hire - 05/27/2014 Records M . a e O KENT WAS.' 010. __i- ilwo ...' - Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: At-Tech Vendor Number: 871399 ID Edwards Number Contract Number: 9rly1� j` ) This is assigned by City Clerk's Office Project Name: Systems Analyst Direct Hire Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 5/22/14 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Curt Ryser Department: IT Systems Manager I Contract Amount: 20% fee Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Address - 327 W Broadway, Glendale, CA 91204 Phone number - 818-240-8688 As of: 08/27/14 i AT -TECH DIRECT HIRE SERVICES AGREEMENT i This Direct Hire Services Agreement("Agreement")commences on this ;ZA day of Mu. 2014("Effective Date") and is between AT-Tech Staffing Services, Inc. dba AT-Tech,a California corporation AT-Tech"),with offices at 327 W Broadway, Glendale, CA 91204 and '{,G''t, o" ("Client"), with offices at ato ,A�_ S; In consideration of the parties' mutual covenants, conditions and promises contained herein, the parties agree as follows: 1. Scope of Services a. AT-Tech is in the business of providing direct hire services("Services")and Client wishes to retain AT-Tech, from time to time, on a non-exclusive basis, to provide such Services, including locating and referring candidates to Client for employment. b. AT-Tech will perform reference checks and such other screening as AT-Tech deems reasonably necessary to determine the qualifications of and suitability of the candidates, prior to their referral to Client. Reference checks for all candidates will be based entirely upon application information provided by the candidates, AT- Tech will be entitled to rely upon any information received from candidates and their references. Except as specifically provided herein,any other checks or screenings or testings(e.g.,drug, health,credit,criminal, skills)must be mutually agreed to in writing between Client and AT-Tech. AT-Tech will not be responsible to complete the 1-9 verification process. Client understands that no employment relationship exists or shall be created by virtue of this Agreement between AT-Tech and any candidate referred to Client. c, AT-Tech is dedicated to complying with its obligations as an equal opportunity/affirmative action employer. AT-Tech's recruiting procedures are free of discrimination based on race,religion,color,age,sex,national origin, disability, Vietnam era/disabled veteran status,or any other protected group status. 2. Direct Hire Fee,Invoicing and Payment a. Client agrees that a fee for Services ("Direct Hire Fee")regarding an AT-Tech referred candidate shall be deemed earned by AT-Tech if, at any time from the date AT-Tech provides the identity of said candidate to Client until six(6)months thereafter,said candidate is employed by Client,a subsidiary or related entity of Client,or another employer, if any party affiliated with Client had referred said candidate to such employer. The Direct Hire Fee shall be earned regardless of the position in which the candidate is hired, even if different than the position for which the candidate Is originally referred. It. Client agrees that the Direct Hire Fee for an AT-Tech referred candidate under the terms of this Agreement is a percentage of such candidate's first year annualized salary. JOB CLASSIFICATION PERCENTAGE(%)OF ANNUALIZED SALARY 20% I c. Client agrees that payment for Services is due net ten(10)calendar days following receipt of invoice or the candidate's start date,whichever Is later. Client understands and agrees that a default charge of one and one-half percent(1.5%)per month may be imposed on any balance, which remains unpaid after 30 days from the invoice date, Client agrees to pay any such default charges and attorney's fees and costs of collection. d. Client's payment method (Check box): ❑ ECHECK is AT-Tech's standard and preferred method. If you request a different form of payment, other available options are: ❑ EFT A CHECK ❑ CREDIT CARD 3. Direct Hire Guarantee Terms and Conditions a. 90 Calendar Day-Free Replacement: Upon termination or resignation of the original candidate within the first 90 calendar days of employment, AT-Tech will provide a one-time free replacement for the same City of Kent-Direct Hire Services Agreement Page 1 of 2 AT-Tech Confidential Legal Department-ETD-05.20.2014 i position. b. AT-Tech's Direct Hire Guarantees are contingent upon the timely payment of fees according to the terms set forth in this Agreement,and in no event later than net ten(10)calendar days following receipt of Invoice or the candidate's start date, whichever is later. c. AT-Tech's Direct Hire Guarantee is 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. d. AT-Tech's Direct Hire Replacement Guarantee will be satisfied when AT-Tech presents up to a maximum of five(5)replacement candidates to Client who AT-Tech has determined meet the originaljob specifications of the original position. Once AT-Tech 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. 4. Governing Law a. The laws of the State of Washington shall govern this Agreement, its interpretation and any disputes regarding the Services. Any action concerning this Agreement shall be instituted in the state or federal courts located in the County of King in the State of Washington and the parties further agree to the exclusive personal jurisdiction of said courts and hereby waive any rights they may have to a change of venue.In the event that either party 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 to which the party may be entitled. 5. Other Terms a. This Agreement supersedes any and all other agreements, either oral or written, between AT-Tech and Client 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 parties. b. This Agreement shall be in effect from the Effective Date,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. Multiple copies of this Agreement may be executed,each of which shall be deemed to be an original. A photostatic copy of this entire Agreement shall be deemed an original. i c. 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 this Agreement. No oral waivers shall be valid. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ForAT-Tech:AT-Tech Staffing Services,Inc.dba For Client: AT-Tech: i Michael A. Hoyal, Chief Financial Officer fv -rT -_ QL TLC Name and Title r N me and Title Signature � � 5tgnature City of Kent-Direct Hire Services Agreement Page 2 of 2 AT-Tech Confidential Legal Department—ETD—05.20.2014