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HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9177949Rev 2012.1120 P a g e | 1 Recourse Communications, Inc. | 112 Intracoastal Pointe Drive | Jupiter, FL | 33477 [P] 561-686-6800 | [F] 561-686-0175 www.rciars.com CONTAINER SEARCH SERVICE FEE AGREEMENT THIS AGREEMENT is made effective as of the latest date signed below, ("the Effective Date") by and between Recourse Communications, Inc., located at 112 Intracoastal Pointe Drive, Jupiter, FL 33477 ("RCI”) and City of Fort Collins. RCI and the Company are "the Parties”. RCI is in the business of sourcing and recruiting potential candidates for employment and referring them to employers to fill open positions. Since it is not always possible for the Company to staff open positions from within its own organization or other resources, the Company desires RCI to source and recruit potential candidates. In consideration of the foregoing and the following promises, the Parties agree as follows: 1. Services: RCI will source and recruit potential candidates for specific recruitment needs and career opportunities as detailed in a separate Intake document and perform the following "Services": a. RCI will conduct an intake meeting with appropriate Company staff and develop a sourcing and searching strategy. b. Assign a Program Manager and other team personnel based on work requirements gathered from the Intake meeting. c. Based upon keyword searches, RCI will source free and fee-based resume data sources, other social and networking sites, and its internal proprietary database of candidates. d. Contact potential candidates at competitor companies, similar industries or other candidates identified by the Company during the intake process. e. RCI's recruiters will review, evaluate, and screen for interest and qualifications as detailed in the intake document. Once candidates are determined to be interested and qualified, the candidates' resume will be forwarded to the Company. 2. Fee & Terms: RCI will perform the Services for One position for a period of 90 days from the date RCI begins the Services; and the Company will pay RCI: ("the Fees") for the Services as follows: Initial Fee of $5,400 realizing the position's starting salary midpoint of $108,000. Rev 2012.1120 P a g e | 2 Recourse Communications, Inc. | 112 Intracoastal Pointe Drive | Jupiter, FL | 33477 [P] 561-686-6800 | [F] 561-686-0175 www.rciars.com Plus a Hire Fee of an additional fee of the remaining balance of a 12% fee of base salary. RCI will earn "the Initial Fee" after RCI has received the job descriptions, conducted the intake, agreed upon the qualifications, and begun their efforts, which takes place within 24 hours after the completed intake process. RCI will invoice the Company the Initial Fee at that time, and payment will be due within 30 days from the invoice date. The remaining Hire Fee is earned upon the candidate's date of offer and acceptance of employment with the Company. RCI will invoice the Company the remaining Hire Fee at that time and payment will be due within 30 days from the invoice date. RCI does not guarantee any number of responses or hires and the Initial Fee is NOT CONTINGENT upon any number of responses or the Company HIRING any number of the candidates sourced and recruited by RCI. If the Company does not hire any candidates within the ninety (90) days from the date of this agreement, the Company is NOT ENTITLED to a refund of the Initial Fee. 3. Company Contact: RCI will communicate with the relevant Company Recruiter or other contact within the Company's Human Recourse Department. RCI may need to directly contact the operating departments within the Company and will only do so when necessary and with the Company's prior written approval. After RCI submits candidate resume data, the Company shall respond to RCI within 48- 72 hours to provide feedback as to whether the resume data meets the Company's minimum qualifications. The Company's feedback is essential for RC! to "calibrate" and adjust its sourcing methods and locate the most qualified candidates. If the Company fails to provide timely feedback, RCI will not be able to perform the Services effectively. 4. Equal Opportunity Employer: Each Party represents and warrants to the other that it is an Equal Opportunity Employer. RCI will source potentially qualified candidates to the Company regardless of the candidate's race, color, sex, religion, national origin, age or disability or any other characteristic protected by state or federal law; and the Company shall consider and evaluate each candidate provided by RCI regardless of the candidate's race, color, sex, religion, national origin, age or disability or any other characteristic protected by state or federal law. 5. Independent Contractor: RCI is an independent contractor and is neither the Rev 2012.1120 P a g e | 3 Recourse Communications, Inc. | 112 Intracoastal Pointe Drive | Jupiter, FL | 33477 [P] 561-686-6800 | [F] 561-686-0175 www.rciars.com servant nor the employee nor the partner of the Company. 6. Confidentiality: All information received from the Company will be held in strict confidence and used solely for the purpose of identifying possible qualified candidates. All information sent to the Company by RCI is to be used solely for the Company's use and benefit. 7. Limitation of Liability: Neither Party shall be liable to the other for any indirect, consequential, exemplary, special, incidental, or punitive damages, including without limitation loss of business, revenue, profits, or goodwill, arising out of or in connection with the furnishing, performance, or use of any product or service to be provided under this Agreement, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if a Party knew or should have known of the possibility of such damages. 8. Governing Law: This Agreement has been executed and delivered in the State of Colorado and shall be governed by and construed in accordance with the law of Colorado. 9. Guarantee: In the event the candidate selected by the City of Fort Collins does not complete 90 days in the position, RCI will complete a follow-up process at no cost. Company: By: Date: December 5, 2017 Name: Gerry Paul Title: Director of Purchasing Recourse Communications, Inc.: By: Date: _______12/5/17______________ Name: Bob Wallace Title: Director, Recruiting Operations