Hire Reliable Temporary Workers in Ottawa

RECITALS

WHEREAS the Client requires temporary workers to fill various roles on an ongoing basis;

AND WHEREAS the Agency is in the business of providing temporary staffing solutions;

AND WHEREAS the parties have agreed to enter into this Agreement in order to formalise their relationship;

NOW THEREFORE in consideration of the mutual covenants and promises made by the parties in this Agreement, the Parties covenant and agree as follows:

1. AGENCY RESPONSIBILITIES

• • On an as needed basis, make reasonable efforts to provide temporary workers ("Assigned Employees") to the Client, which workers shall perform the type of work described on Exhibit "A" attached hereto under Client's supervision at the locations specified on Exhibit "A";
• • Make reasonable efforts to provide a similarly qualified replacement in case an Assigned Employee does not report to work;
• • Pay the Assigned Employees for the work performed for the Client pursuant to approved timesheets.
• • Ensure that Assigned Employees meet the health and safety requirements per the Occupational Health and Safety Act.

2. CLIENT'S DUTIES AND RESPONSIBILITIES

• • Supervise Assigned Employees in the performance of their work;
• • Ensure that the workplace and the Assigned Employees respect all safety standards and laws as well as provide appropriate information, training, and safety equipment for the type of work required;
• • Unless otherwise agreed upon, not permit or require Assigned Employees to operate any vehicle or mobile equipment;
• • Not change the Assigned Employees' responsibilities and duties without the prior written approval of the Agency;
• • Not entrust the Assigned Employees with unattended premises, cash, cheques, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables without the Agency's express prior written approval or as strictly required by the job description provided to the Agency;
• • Sign-off daily on Assigned Employees timesheets of hours worked which are to be submitted to the Agency by the Assigned Employees for payment of wages;
• • The Client shall immediately advise the Agency in the event an Assigned Employee is injured.
• The Client and the Agency shall cooperate with one another so that the Agency may conduct an accident investigation.

3. FINANCIAL TERMS

3.1 Fees. The Fees are calculated according to the number of hours worked by the Assigned Employees to the nearest quarter hour at the hourly rate indicated in Exhibit "A" plus additional costs or fee as set forth in this Agreement.

3.2 Minimum Daily Fee. A minimum daily Fee equal to four (4) hours for each individual Assigned Employee is applicable to all requests for service under this Agreement.

3.3 Overtime hours. In the event the Agency is required under the provisions of the Employment Standards Act or any successor legislation, to pay any Assigned Employee overtime, the Client shall be billed at the hourly rate identified in Exhibit "A" for overtime.

3.4 Public Holiday Pay. When an Assigned Employee works on a public holiday, the Client shall be billed at the hourly rate identified in Exhibit "A" for public holidays.

3.5 Payment Terms. Fees billed shall be due and payable upon the Agency providing the Client with an invoice. Invoices will be issued by the Agency based on a weekly basis.

3.6 Late Payment. All invoices shall be paid by the Client within fourteen (14) days of receipt. Payments not made within such time period shall be subject to late charges equal to the lesser of (i) Two percent (2%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law.

3.7 Increases. In addition to the hourly rates specified in Exhibit "A" the Client agrees to pay Agency the amount of all new or increased labour costs associated with Client's Assigned Employees that the Agency is legally required to pay.

3.8 Equal Pay for Equal Work. The Employment Standards Act requires that Assigned Employees be paid the same rate as those employees of the Client performing the same work.

4. EMPLOYING AN ASSIGNED EMPLOYEE

4.1 The Client shall notify the Agency upon employing an Assigned Employee. The Client shall provide the Agency with the hire date in its notification.

4.2 The Parties agree that the Agency shall, pursuant to the Employment Standards Act, charge a fee (negotiated by both parties to a maximum of $4000.00) to the Client in the event that the Client enters into an employment relationship with an Assigned Employee.

5. MANAGEMENT OF THE AGREEMENT

5.1 Each Party will appoint a designated representative who will be responsible for this Agreement and will promptly notify the other party in writing of changes to its authorized representative.

5.2 Each party will be entitled to rely upon, and the other party will be bound by, decisions and commitments made by its authorized representatives in connection with this Agreement.

5.3 Neither Party, nor its Representative shall have the authority to bind the other Party or to enter into any agreement on behalf of the other Party without the prior written consent of said Party.

5.4 The Client's Authorised Representatives shall have sufficient signing authority to ensure that all required payments pursuant to this Agreement are made on time.

6. LIMITATION OF LIABILITY

The Agency's liability(ies) towards the Client shall be limited to the lesser of (i) one thousand ($1,000.00) dollars or (ii) payment received by the Agency from Client for the particular services and/or products provided giving rise to the claim.

7. INDEMNIFICATION

7.1 Client Indemnity. Client agrees that it shall defend, indemnify, save and hold the Agency harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, asserted against the Agency that may arise or result from the actions or inactions of the Client.

7.2 Agency Indemnity. Agency agrees that it shall defend, indemnify, save and hold the Client harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, asserted against the Client that may arise or result from the actions or inactions of the Assigned Employees.

8. TERM AND TERMINATION

8.1 Term. This Agreement shall be effective as of the date first inscribed above and shall continue in effect for a period of ONE (1) year unless earlier terminated.

8.2 Renewal. This Agreement will automatically renew on an annual basis unless a new Agreement has been entered into in writing.

8.3 Termination for Cause. This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder.

11. GENERAL TERMS AND CONDITIONS

Governing law. This Agreement will be governed by, and construed in accordance with, the laws of Ontario, Canada, and the parties submit to the exclusive jurisdiction of the courts of Ottawa.