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5500
WEST SOUND WORKFORCE, INC
Recruiting & Staffing Agreement
Parks
GS50-01-11 Rev. 3 General
4/1/2015
3/31/2016
1/1/2016
Automatically renews 1 year terms unless terminated 30
days notice
RECRUITII�IG & STAFFING AGREEMENT
This Ageement ("Agreement") is made as of April I, 2415, by and 6etween City of Bremertoa (hereafter referred to as
�Ciieat"), a Washmgtoa State corporation having an office in Bremerton and West Sound Workforce, Inc. (hereafter referred to
as "WSW"), a Washington State corporation, having an office � Gig Hazbor and Pouls6o.
WHEREAS, Client desfres that WSW provide setvices, as specified in this Ag�ement in those areas which WSW has sgecial
professioaal expertise and/or special qualificatians and whereas WSW is willing and abte to provide said services unda the terms and
conditions set forth in this Agreement. The parties mutually a�ee as follows;
I. 5cope of Work: V1►SW will perform recruitment and
employment placement services, in accordamce with the terms
and conditions of tius Agreemeut, to include identifying,
qualifying and recommend'mg candidates for employmeM with
Client. WSW will perform its dudes and services he�under on
a contingency fee paid basis, with no fees or compensation due
�mless Client actually hires a candidate ref�erred by WSW.
2. Fees and Compensation tor Temnorarv Statfing
Service9 Rendered: Client will pay W5W an hourly fee for all
actual hours worked by temporary employees provided to Client
by WSW, with a four hour per day minimum. WSW will pay
all applicable employment taxes, wages and benefits for
temporary staff provided to Ctient. If a WSW temporary
employee who has worked ]ess than 520 hours on an assignment
with Client is directly hired and retained by Client in arry
capacity within one year of the last date the employee worked
with Client through WSW, Clierrt will pay WSW a piacement
fee in an amount equal to 12% of the employee's first year's
base salary—iucluding estimated commissions, bonuses, and
signing bonuses. This fee is not subject to reduction even if
candidate's employment with Client terminates. WSW wilt
provide Client a prorated credit for any hours aL�eady billed for
the employee's temporary assignment. Exceptto�: The fee will
be an amount equal to 15% of the employee's first year's base
salary foz all difficult to filt positions.
3. Tema to Hire Services: Client may hire and retain in any
capacity WSW's temporary employee after he/she has
completed 520 hours on an assignment with Client. Should
Client desire to hire the employee prior to the completion of 520
hours, Clierrt will pay WSW a placement fee in an amount equat
to 12% of the employee's first year's bese salary—including
estimated commfssians, bonuses, and signing bonuses. This fee
is not subject to reduction even if candidate's employment with
Client tenninates. WSW will provide Client a prorated credit
for ail hours already billed for the employee's temporary
assignment, Client's account must be cutrent and in good
standing before Client may hire the temporary employee
d'vectly. Ezception: The fee wilt be an amount equal to I S% of
the employee's first yeaz's base salary for all difficult to fill
positians.
4. Fees and Compensatioa for Reeruiting Servfces
Rendered {Direct Hires): Client will pay WSW a fee eyual to
12% of a candidate's first year's base salary, calcuteted on 2,480
hours per yeau� for full-time or part-time—including estimated
commissions, bonuses, and signing bonuses—in the event that
the eandidate is hired and retained in any capacity within one
year of that candidate being referr�d to Client by WSW. This
fee is not subject to reductios► even if candidate's employment
with Client terminates. Fxception: The fee will be an amount
equal to IS% of the Candidate's first year's base salary for aIl
difficult to fill positions—for example, professional
management executives, engineers, controllers 8c accountants,
IT/IS posi6ons and all candidates whose positions require
advanced degrees or professional certifications. The fee will
represent Client's entire obligation for the services rendered by
WSW.
5. Payment: Fees are due upon receipt and payment will be
made to WSW no later than 30 days from the date of invoice
providing WSW provides Client with a properly executed
invoice. Late payments for undispated invoices will accrue
interest at 1.5% per month. Clie�t shall be responsible for the
paymeat of all costs and fees, including reasonable attorney's
fees, incurred by WSW in colIecting past due invoices.
6. Replacement Guaraatee: For a Te to Hire er�r lo e•
1f an employea terminates his/her employment with Ciient or is
terminated by Client within the first 520 hours of employment
(but not for reasons of lack of work), then WSW agrees to find a
one-time replacement candidate for that specific position at no
addiNonal charge, and to apply tha terminated emptoyee's hours
alr'eady worked towards the replacemeat employee's hours,
provided that Client makes a request for the replacement within
30 days of the termination date. For a Direct Hlre emplavee: If
an employee temunates his/her employment with Clicnt or is
terminated by Client within 90 days of their first day of
employment (but not for reasons of lack of work), then WSW
agrees W find a one-time replacement candidate for that specific
position at no additional charge, provided that Client makes a
request for the replacement within 30 days of the termination
date. For both Tentp to Xire and Direct Nire en►plo}+ees • No
replacement will be made if Client hires a replacement on its
own from any other source, either internal or extemal, or if
Client is no longer actively seeking to fill that specific position.
[.ate payment of fees by Client will nullify this guarantee.
7. Representations and Warraaties of West Souud
Workforce,lnc.: WSW dces aot warrant that a hired caadidete
will perform to a particular level of expectation, however, WSW
does represent and warrant that its recommendations, guidance,
and performance under this Agreement will: (a) be in
accordance with sound and generally accepteble professivnal
standards within its industry; (b) be the work product solely of
WSW; and (c) not infringe on the proprietary rights, trade secret
or other intellectual properiy right of any third parry.
8. Use o! ConGdential Informaflon: "Confideotial
lnformation" means non-public information, which may or
I
may not be identified as proprietary or confidentiel.
Confidential lnformadoa may include (but is nat limited to)
trade secrets, patents, patent applications, Imow how,
inventions, discoveries, improvements, processes, techniques,
algarithms, samples, media and/or cell lines, software prograzns
(whether in ao�uce or object code form), designs, drawings�
formula or test data relat�g to any resem�ch project, work in
process, future development, engineering, manufacturmg,
marketing, servicing, financing or personnel matter relating to
Clien� its present or fuhue products, sales, suppliers, clients�
customers, employees, investors or business, and whether in
ora}, written, graphic or electronic form. Confidemia]
Information does not include informatian that: (a) is ar
becomes pubficiy available tBrough no act or omission of WSW;
(b) is rightfully received by WSW from a third garty without
restriction on disclosure and without breach of a nondisclosure
obligaaan; (c) is independendy developed; or (d) is previously
rightfutly lrnown to WSW from sources other than the
disclosing party without nondisclosure obligations. WSW will
not incorporate any portion of t6e Confidendal information into
any other work or produc�
9. Indemaffication/ Direct[on and Control Clause: Client
agees to defend, indemnify, and hold WSW harmless from and
against any and all cleims, demands, losses, damages, costs�
liabilities, and expenses, including, but not limited to attomey's
fees and costs of suit of whatever k9nd and/or character, on
account of actual or alleged toss, injury, or damage to any
person, firm, corporation, or legal entiry or to any property
arising out of or in connaction with Client's udlization of
W5W's candidates. Candidates provided by WSW to Client are
pmvided under contracts for services and ara deemed to be
under •the supervision, direction and cantrol of City of
Bremerton for the duration uf the sssignment. Client wil! also
comply in all respects wfth all statutes, by-laws, codes of
practice and legal requirements to which Client is ordinarily
subject in respect of Client's own staff.
I0. Binding Effect: This Agreement will be binding and
transferable to the respective successors of Client and WSW.
1 l. Notices: Any no6ce required under this Agreement will be
effective if made in writing and sent to the address of the
appropriate party fust appearing herein.
12. Ssfe Workplace and Acc(dent Prevention Program: We
are committed to employee safety. Client agrees that they
comply with all federal OSHA and state WISHA requiremerns.
Client agrces to provide WSW employees with the same safety
personat protecdve equipment (PPE) provided to Client
employees. Additionaliy, WSW employees will ba given a
safety orientation upon first arrival at Client's work site. Client
will obtain WSW employee's signahve on Safety Orientation
Checklist and return it to WSW. Client will include WSW
workers in all relevant safety training they conduct. Client
verifies that they have an Accident Prevention Program,
consisting of a format written plan in accordance with the
requirements of Washington's Department of Labor and
Industries. Client will notify WSW immediately if a WSW
employee is injur� an the job. Client and WSW are wmmitted
to employee safety end will cooperate together to investigate
any on-the-job injuries of W5W employees.
13. Signsture Provision: Client's acrxptance of referrals from
WSW, interviewing of candidates referred by WSW. or
employment of any such candidates shall constitute Client's
accepteace of the terms and conditions of this agreement�
whether or not it is signed by Client.
14. Termination: This Agreement will be in effect for one
y�r from tf�is date and will automatically renew unless either
party give 30 days written notice far its termination.
Both parties, duly authorized to enter into such an Ag�eement,
hereto have executed this Agreement to be effective as of the
datie first set forth above.
City of Hremert�✓�/!/ �_
By:
Da�: A�►�� I—� 2a��
Print Name & Title:Wyn Birkenthal. Director of Parks &
Recreation
.
� �� ,. �� � /
�. � � .
• � � �
�::
Print Name & Title; Kathryn Townsend, Client Relations
Manager
��.�- �Cc��y , ���.� � � �
�J��'T�� �o� /`f� " v/ �
J
Eile: StaffingAgreement �.(�S �
RECRUITING & STAFFING AGREEMENT
This Agreement ("Agreement") is made as of April l, 2015, by and between City of Bremerton (hereafter referred to as
"Client"), a Washington State corporation having an office in Bremerton and West Sound Workforce, Inc. (hereafter referred to
as "WSW"), a Washington State corporation, having an office in Gig Harbor and Poulsbo.
WHEREAS, Client desires that WSW provide services, as specified in this Agreement in those areas which WSW has special
professional expertise and/or special qualifications and whereas WSW is willing and able to provide said services under the terms and
conditions set forth in this Agreement. The parties mutually agree as follows:
1. Scope of Work: WSW will perform recruitment and
employment placement services, in accordance with the terms
and conditions of this Agreement, to include identifying,
qualifying and recommending candidates for employment with
Client. WSW will perform its duties and services hereunder on
a contingency fee paid basis, with no fees or compensation due
unless Client actually hires a candidate referred by WSW.
2. Fees and Compensation for Temporarv Staffing
Services Rendered: Client will pay WSW an hourly fee for all
actual hours worked by temporary employees provided to Client
by WSW, with a four hour per day minimum. WSW will pay
all applicable employment taxes, wages and benefits for
temporary staff provided to Client. If a WSW temporary
employee who has worked less than 520 hours on an assignment
with Client is directly hired and retained by Client in any
capacity within one year of the last date the employee worked
with Client through WSW, Client will pay WSW a placement
fee in an amount equal to 12% of the employee's first year's
base salary—including estimated commissions, bonuses, and
signing bonuses. This fee is not subject to reduction even if
candidate's employment with Client terminates. WSW will
provide Client a prorated credit for any hours already billed for
the employee's temporary assignment. Excep�ion: The fee will
be an amount equal to 15% of the employee's first year's base
salary for all difficult to fill positions.
3. Temn to Hire Services: Client may hire and retain in any
capacity WSW's temporary employee after he/she has
completed 520 hours on an assignment with Client. Should
Client desire to hire the employee prior to the completion of 520
hours, Client will pay WSW a placement fee in an amount equal
to 12% of the employee's first year's base salary—including
estimated commissions, bonuses, and signing bonuses. This fee
is not subject to reduction even if candidate's employment with
Client terminates. WSW will provide Client a prorated credit
for all hours already billed for the employee's temporary
assignment. Client's account must be current and in good
standing before Client may hire the temporary employee
directly. E.�ceplior7: The fee will be an amount equal to 15% of
the employee's first year's base salary for all difficult to fill
positions.
4. Fees and Compensation for Recruitin� Services
Rendered (Direct Hires): Client will pay WSW a fee equal to
12% of a candidate's first year's base salary, calculated on 2,080
hours per year for full-time or part-time—including cstimated
commissions, bonuses, and signing bonuses—in the event that
the candidate is hired and retained in anv capacity within one
year of that candidate being referred to Client by WSW. This
fee is not subject to reduction even if candidate's employment
with Client terminates. Exception: The fee will be an amount
equal to 15% of the Candidate's first year's base salary for all
difficult to fill positions—for example, professional
management executives, engineers, controllers & accountants,
IT/IS positions and all candidates whose positions require
advanced degrees or professional certifications. The fee will
represent Client's entire obligation for the services rendered by
WSW.
5. Payment: Fees are due upon receipt and payment will be
made to WSW no later than 30 days from the date of invoice
providing WSW provides Client with a properly executed
invoice. Late payments for undisputed invoices will accrue
interest at 1.5% per month. Client shall be responsible for the
payment of all costs and fees, including reasonable attorney's
fees, incurred by WSW in collecting past due invoices.
6. Replacement Guarantee: For a Tenrp to Hire en:plovee:
If an employee terminates his/her employment with Client or is
terminated by Client within the first 520 hours of employment
(but not for reasons of lack of work), then WSW agrees to find a
one-time replacement candidate for that specific position at no
additional charge, and to apply the terminated employee's hours
already worked towards the replacement employee's hours,
provided that Client makes a request for the replacement within
30 days of the termination date. For a Direct Hire emplovee: If
an employee terminates his/her employment with Client or is
tenninated by Client within 90 days of their first day of
employment (but not for reasons of lack of work), then WSW
agrees to find a one-time replacement candidate for that specific
position at no additional charge, provided that Client makes a
request for the replacement within 30 days of the termination
date. For botli Te� �n Hire nf�d Direct Hire enzplovee.s: No
replacement will be made if Client hires a replacement on its
own from any other source, either internal or external, or if
Client is no longer actively seeking to fill that specific position.
Late payment of fees by Client will nullify this guarantee.
7. Representations and Warranties of West Sound
Workforce, Inc.: WSW does not warrant that a hired candidate
will perform to a particular level of expectation, however, WSW
does represent and warrant that its recommendations, guidance,
and performance under this Agreement will: (a) be in
accordance with sound and generally acceptable professional
standards within its industry; (b) be the work product solely of
WSW; and (c) not infringe on the proprietary rights, trade secret
or other intellectual property right of any third party.
8. Use of Confidential Information: "Confidential
Information" means non-public information, which may or
may not be identified as proprietary or confidential.
Confidential Information may include (but is not limited to)
trade secrets, patents, patent applications, know-how,
inventions, discoveries, improvements, processes, techniques,
algorithms, samples, media and/or cell lines, software programs
(whether in source or object code form), designs, drawings,
formula or test data relating to any research project, work in
process, future development, engineering, manufacturing,
marketing, servicing, financing or personnel matter relating to
Client, its present or future products, sales, suppliers, clients,
customers, employees, investors or business, and whether in
oral, written, graphic or electronic form. Confidential
Information does not include information that: (a) is or
becomes publicly available through no act or omission of WSW;
(b) is rightfully received by WSW from a third pariy without
restriction on disclosure and without breach of a nondisclosure
obligation; (c) is independently developed; or (d) is previously
rightfully known to WSW from sources other than the
disclosing party without nondisclosure obligations. WSW will
not incorporate any portion of the Confidential Inforniation into
any other work or product.
9. lndemnification/ Direction and Control Clause: Client
agrees to defend, indemnify, and hold WSW harmless from and
against any and all claims, demands, losses, damages, costs,
liabilities, and erpenses, including, but not limited to attorney's
fees and costs of suit of whatever kind and/or character, on
account of actual or alleged loss, injury, or damage to any
person, firm, corporation, or legal entity or to any property
arising out of or in connection with Client's utilization of
WSW's candidates. Candidates provided by WSW to Client are
provided under contracts for services and are deemed to be
under the supervision, direction and control of City of
Bremerton for the duration of the assignment. Client will also
comply in all respects with all statutes, by-laws, codes of
practice and legal requirements to which Client is ordinarily
subject in respect of Client's own staff.
10. Binding Effect: This Agreement will be binding and
transferable to the respective successors of Client and WSW.
1 1. Notices: Any notice required under this Agreement will be
effective if made in writing and sent to the address of the
appropriate party first appearing herein.
12. Safe Workplace and Accident Prevention Program: We
are committed to employee safety. Client agrees that they
comply with all federal OSHA and state WISHA requirements.
Client agrees to provide WSW employees with the same safety
personal protective equipment (PPE) provided to Client
employees. Additionally, WSW employees will be given a
safety orientation upon first arrival at Client's work site. Client
will obtain WSW employee's signature on Safety Orientation
Checklist and return it to WSW. Client will include WSW
workers in all relevant safety training they conduct. Client
verifies that they have an Accident Prevention Program,
consisting of a formal written plan in accordance with the
requirements of Washington's Department of Labor and
Industries. Client �vill notify WSW immediately if a WSW
employee is injured on the job. Client and WSW are committed
to cmployee safety and will cooperate together to investigate
any on-the-job injuries of WSW employees.
13. Signature Provision: Client's acceptance of referrals from
WSW, interviewing of candidates referred by WSW, or
employment of any such candidates shall constitute Client's
acceptance of the tenns and conditions of this agreement,
whether or not it is signed by Client.
14. Termination: This Agreement will be in effect for one
year from this date and will automatically renew unless either
party give 30 days written notice for its termination.
Both parties, duly authorized to enter into such an Agreement,
hereto have executed this Agreement to be effective as of the
date first set forth above.
City of Bremerto
By:
Date: QI� l ��� �� l�
Print Name & Title:Wvn Birkenthal, Director of Parks &
Recreation
West Sound Workforce, Inc.:
By:
Date:
Print Name & Title: Kathryn Townsend, Client Relations
Manager
File: StaffingAgreement