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TEMPORARY PLACEMENT AGREEMENT - WikiLeaks Good St.pdf · TEMPORARY PLACEMENT AGREEMENT Client ......

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TEMPORARY PLACEMENT AGREEMENT Client (“Client”): Strategic Forecasting, Inc. Project Supervisor: Michael McCullar Supervisor’s Phone: 744-4307 Employee Assigned (”Employee”): Brendan “Fletch” Good Contract Date: 12/17/07 Supervisor’s Fax: 744-4334 Start Date: Feb 11 th , 2008 End Date: Services To Be Performed: Graphic Services Bill Rate: Liaison Resources, L.P., doing business in Texas, or Liaison Creative Services, LLC, doing business in Colorado (“Liaison”), will invoice the Client at the billable rate of $34.50 per hour. Should the Client wish to use the Employee for services other than those listed above, the hourly billing rate may change to reflect the amount of experience necessary to complete the assignment. Work performed on weekends, on holidays or in excess of 40 hours per week will be billed as overtime at 1.5 times the billable rate listed above unless agreed to by both parties in advance. Conditions of Assignment: The Employee assigned to this project is an employee of Liaison and not of the Client company. As such, Liaison assumes total responsibility to pay all applicable Federal, State, and Local taxes and fees, including workers’ compensation insurance. Liaison reserves the right to remove and replace the Employee assigned for any reason during the term of this contract provided that a replacement is available and acceptable to the Client. Guarantee: If during the first 8 hours of the project, the Client becomes dissatisfied with the Employee’s performance, Liaison will not charge for those 8 hours of work performed. If the Client does not contact Liaison by the end of the first 8 hours of work performed, the Employee and the Employee’s performance will be deemed acceptable and satisfactory. If later in the project the Client becomes dissatisfied with the Employee’s performance, Liaison will endeavor to replace the Employee as quickly as possible, but all time accrued will be billable in full. Employee Time Records: The Employee will present a time record to the Client representative for verification, acceptance and signature at the end of each week. The Client representative’s signature thereon indicates that both the quality of the work performed and the quantity of hours worked are acceptable to the Client. Liaison requires all Employees to submit signed time records to us by Monday at 5pm. The Client representative’s prompt approval of these time records, therefore, is greatly appreciated by both Liaison and the Employee. Payment Terms: Liaison will invoice the Client weekly for all hours listed on the approved time record. Liaison has agreed to accept invoices paid on the 1 st and 15 th each month from the Client unless prior arrangements are made. Overdue invoices are subject to a penalty of 1% per thirty days past due. If collection activities are necessary, the Client agrees to pay interest and all expenses thereof, including reasonable attorney’s fees. The Client may be subject to a credit check and approval prior to the initiation of services. Hiring the Liaison Employee Directly: Liaison has made a substantial investment in terms of time and money spent for the recruitment, screening and development of its Employee network. In consideration of this investment and the other promises in this Agreement, Client agrees not to act in any manner that would circumvent or dilute Liaison’s right to recover this legitimate development and business investment. Therefore, Client agrees that any and all business interests between the Client (and any affiliated or associated entities) and any Employee referred to Client by Liaison shall be conducted through one of the placement options offered by Liaison. This exclusivity of contract shall extend for a period of one (1) year from the date that the Employee was last referred to Client for assignment or consideration, or the last day of the most recent assignment at Client’s site of work, whichever comes latest.
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Page 1: TEMPORARY PLACEMENT AGREEMENT - WikiLeaks Good St.pdf · TEMPORARY PLACEMENT AGREEMENT Client ... on holidays or in excess of 40 hours per week will be billed as overtime at 1.5 times

TEMPORARY PLACEMENT AGREEMENT Client (“Client”): Strategic Forecasting, Inc.

Project Supervisor: Michael McCullar

Supervisor’s Phone: 744-4307

Employee Assigned (”Employee”): Brendan “Fletch” Good

Contract Date: 12/17/07

Supervisor’s Fax: 744-4334

Start Date: Feb 11th , 2008

End Date:

Services To Be Performed: Graphic Services Bill Rate: Liaison Resources, L.P., doing business in Texas, or Liaison Creative Services, LLC, doing business in Colorado (“Liaison”), will invoice the Client at the billable rate of $34.50 per hour. Should the Client wish to use the Employee for services other than those listed above, the hourly billing rate may change to reflect the amount of experience necessary to complete the assignment. Work performed on weekends, on holidays or in excess of 40 hours per week will be billed as overtime at 1.5 times the billable rate listed above unless agreed to by both parties in advance. Conditions of Assignment: The Employee assigned to this project is an employee of Liaison and not of the Client company. As such, Liaison assumes total responsibility to pay all applicable Federal, State, and Local taxes and fees, including workers’ compensation insurance. Liaison reserves the right to remove and replace the Employee assigned for any reason during the term of this contract provided that a replacement is available and acceptable to the Client. Guarantee: If during the first 8 hours of the project, the Client becomes dissatisfied with the Employee’s performance, Liaison will not charge for those 8 hours of work performed. If the Client does not contact Liaison by the end of the first 8 hours of work performed, the Employee and the Employee’s performance will be deemed acceptable and satisfactory. If later in the project the Client becomes dissatisfied with the Employee’s performance, Liaison will endeavor to replace the Employee as quickly as possible, but all time accrued will be billable in full. Employee Time Records: The Employee will present a time record to the Client representative for verification, acceptance and signature at the end of each week. The Client representative’s signature thereon indicates that both the quality of the work performed and the quantity of hours worked are acceptable to the Client. Liaison requires all Employees to submit signed time records to us by Monday at 5pm. The Client representative’s prompt approval of these time records, therefore, is greatly appreciated by both Liaison and the Employee. Payment Terms: Liaison will invoice the Client weekly for all hours listed on the approved time record. Liaison has agreed to accept invoices paid on the 1st and 15th each month from the Client unless prior arrangements are made. Overdue invoices are subject to a penalty of 1% per thirty days past due. If collection activities are necessary, the Client agrees to pay interest and all expenses thereof, including reasonable attorney’s fees. The Client may be subject to a credit check and approval prior to the initiation of services. Hiring the Liaison Employee Directly: Liaison has made a substantial investment in terms of time and money spent for the recruitment, screening and development of its Employee network. In consideration of this investment and the other promises in this Agreement, Client agrees not to act in any manner that would circumvent or dilute Liaison’s right to recover this legitimate development and business investment. Therefore, Client agrees that any and all business interests between the Client (and any affiliated or associated entities) and any Employee referred to Client by Liaison shall be conducted through one of the placement options offered by Liaison. This exclusivity of contract shall extend for a period of one (1) year from the date that the Employee was last referred to Client for assignment or consideration, or the last day of the most recent assignment at Client’s site of work, whichever comes latest.

Page 2: TEMPORARY PLACEMENT AGREEMENT - WikiLeaks Good St.pdf · TEMPORARY PLACEMENT AGREEMENT Client ... on holidays or in excess of 40 hours per week will be billed as overtime at 1.5 times

Circumvention: The parties therefore acknowledge that in the event Client breaches the above obligations relating to hiring a Liaison Employee directly, it would be impossible or impracticable to determine the amount of damages suffered by Liaison as a result of such breach. Therefore the parties agree that Client shall pay to Liaison a placement fee as liquidated damages for such breach, and not as a penalty. The placement fee shall be equal to 20% of the first year’s annual salary as defined above. Reductions to the Conversion Fee: Liaison offers a “Test Drive” option for hiring an assigned Employeee. After evaluating the work performance of the Liaison Employee assigned to you, you may decide to hire the Employee directly by paying the Placement Fee discussed above. Based on the consecutive number of hours the Employee works at the Client site as an Employee of Liaison, the fee will be reduced as follows: Date of Conversion Length of Employment through Liaison Corresponding To the Client’s Payroll Min. Hours Worked Calendar Days Conversion Fee At Start Date 0 0 20 % At End of 1st Month 160 hours 30 days 16 % At End of 2nd Month 320 hours 60 days 13 % At End of 3rd Month 480 hours 90 days 10 % At End of 4th Month 640 hours 120 days 7 % At End of 5th Month 800 hours 150 days 3 % At End of 6th Month 960 hours 180 days No Fee Legal Responsibilities: Liaison agrees that it is legally responsible to comply with IRCA, FLSA and payroll laws. The Client is responsible for compliance with OSHA, the WARN Act, and all laws related to government contractors. Both parties agree to shared responsibility for compliance with anti-discrimination laws, FMLA, ERISA and COBRA (with respect to administering each party’s own plans), and workers’ compensation laws. Ownership of Work Product: Client will be the exclusive owner of all deliverables produced by Employee under this Agreement (“Work Product”). To the extent permitted under the U.S. Copyright Act (17 U.S.C. § 101 et seq., and any successor statute thereto), the Work Product will constitute “works made for hire,” and the ownership of such Work Product will vest in Client upon Liaison’s receipt of payment of all applicable outstanding invoices. To the extent the Work Product is not “works made for hire” under applicable copyright laws, Liaison hereby assigns and transfers to Client all right, title and interest that Liaison or its Employee may now or hereafter have in the Work Product. Liaison represents and warrants that Employee will not use, in the performance of the services or the creation of any Work Product, or disclose to Client, any confidential or proprietary information of any other person if such use or disclosure would violate any obligation or duty that Liaison owes to such other person. Indemnity: The Client agrees to indemnify and hold Liaison harmless from and against any and all loss, cost, damage or expense, including, without limitation, reasonable attorney’s fees, penalties or interest, incurred by Liaison, arising out of the acts, errors or omissions of the Client or Client’s employees. Contractual Terms: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, between the parties. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by both parties. Any notices regarding this Agreement will be delivered to the appropriate party’s central address listed below and will be effective five days after the postmarked date, if mailed by U.S. mail, or two days after the date sent by overnight courier. If any provision of this Agreement is declared or found to be illegal, unenforceable or void, the remainder of this Agreement shall remain valid and enforceable to the extent feasible. Any waiver of any term of this Agreement by either party shall not operate as a waiver of any other term of this Agreement, nor shall any failure to enforce any provision of this Agreement operate as a waiver of either party’s right to enforce any other provision of this Agreement. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Texas if Liaison Resources, L.P. is a party to the Agreement, and the State of Colorado if Liaison Creative Services, L.L.C. is a party to this Agreement.

Page 3: TEMPORARY PLACEMENT AGREEMENT - WikiLeaks Good St.pdf · TEMPORARY PLACEMENT AGREEMENT Client ... on holidays or in excess of 40 hours per week will be billed as overtime at 1.5 times

Acceptance of Terms and Conditions: In the absence of this signed Placement Agreement, your acceptance of referrals from Liaison shall serve as evidence of your acceptance of our schedule of charges, terms, and conditions as set forth herein. In the event that the terms and conditions contained herein do not reflect your understanding, please call us immediately. Temporary Employment Conditions: The Client is contracting to hire the Employee on a temporary basis to supplement the Client’s existing work force. The services performed by the Employee are normally performed by employee(s) of the Client company. The Client will provide all supplies and equipment necessary to perform these services, and the help will be under the direct or general supervision of the Client company. As an authorized representative of the Client, I have read and agree to the terms of this contract and I further certify that all of the above statements are correct. __________________________________________________________________________________________________ Client Representative Signature Date __________________________________________________________________________________________________ Client Representative Name Title __________________________________________________________________________________________________ Phone Number Fax Number Email Address BILLING INSTRUCTIONS To help us serve you better, please provide the following billing information: Send invoices to ATTN: __________________________________ Phone or Email: ____________________________ ___________________________________________________________________________________________________ Billing Address City / State / Zip Does your company require a Purchase Order number on vendor invoices? _____ If so, what is the PO#: _______________ Special Instructions: __________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________


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