TERRA Staffing Group 8/7/2018 - Laserfiche WebLink

• EXHIBIT 1—SERVICES AND FEES TERRA 1.Services. Customer may engage TERRA for the following services("Services"): (a) Temporary Assignment.A"Temporary Assignment"is the placement of temporary employees for Customer and includes TERRA providing recruiting,interviewing,selection and hiring of Candidates who,in TERRA's judgment,are best qualified to perform the type of work requested by Customer on a temporary basis as Placed Employees. Customer may at any time convert a Placed Employee from Temporary Assignment to a Customer employee. Fees associated with such conversion will be invoiced to Customer at the time of the conversion as described herein. (b) Temporary-to-Hire Assignment.A'Temporary-to-Hire Assignment"is the placement of an employee on a temporary basis for Customer,with the intention of Customer hiring the employee into a permanent position. Temporary-to-Hire Assignment includes the services set forth under Temporary Assignment above.Customer may at any time convert a Placed Employee from a Temporary-to- Hire Assignment to a Customer employee. Fees associated with such conversion will be invoiced to Customer at the time of the conversion.If for any reason the Employee leaves the employment of the Customer during the first 90 days of employment following the conversion,TERRA will provide a one time replacement of the employee. (c) Direct Hire Placement. A"Direct Hire Placement"is the placement of an employee in a permanent position for Customer and includes TERRA providing recruiting,interviewing and selection of Candidates who,in TERRA's judgment,are best qualified to fill a permanent role on Customer's staff. Direct Hire Candidates will not be employees of TERRA. If for any reason the Direct Hire employee leaves the employment of the Customer during the first 90 days of employment,TERRA will provide a one time replacement of the employee or refund of Fees as described below. The guarantee will not apply to layoffs or reduction of workforce due to insufficient work. (d) Payrolling Services. "Payrolling Services"is a service whereby payroll services are provided on Customer's behalf for a Customer selected employee("Payroll Employee"). Payroll Employee will be an employee of TERRA. Customer may convert Payroll Employee to its payroll at any time without incurring any additional fees. 2. Fees.Customer will pay to TERRA the following Fees("Fees")for the Services: (a) Temporary Assignment. An hourly rate(s)agreed to by both parties for a Placed Employee.The billing rate includes wages,the payroll burden costs required by law or otherwise referenced in the Agreement and TERRA'S service charge. For mandated benefits compliance,an hourly surcharge will be added to invoices. At any time following 520 hours on assignment with Customer,the Customer may offer to employ the temporary employee assigned by TERRA Staffing Group("Placed Employee")without payment of any additional consideration to TERRA.Should Customer choose to convert the Employee prior to 520 hours with Customer,the following conversion charges will apply: Hours Worked on Assignment with Customer Percent of Starting Salary From start up to and including 200 15% Greater than 200 up to and including 360 10% Greater than 361 up to and including 520 5% (b) Temporary-to-Hire Assignment. A fee of 20%of the estimated first year earnings of the Placed Employee. While the Placed Employee serves in a temporary role,an hourly rate will be calculated based on the Placed Employee's estimated first year earnings rate plus fifteen percent(15%)payroll tax and payroll processing charge. The hourly rate is calculated by amortizing the service charge over the length of the Temp-to-Hire assignment and added pay rate plus fifteen percent(15%)for payroll tax and processing. When a Temp-to-Hire Assignment is converted to a Customer employee,the balance of the service change is invoiced and due in full. (c) Direct Hire. Direct Hire placements are performed on a contingency basis and the associated Fees will be billed upon acceptance of employment by a Candidate if such employment occurs within 12 months of TERRA's presentation of the Candidate to Customer. Fees are a percentage of the annual wages offered to Candidate as follows: For annual wages up to$75,000,the Fee is 20%,and for annual wages equal to or greater than$75,000,the Fee is 25%. If Customer elects a refund of Fees in lieu of a replacement as described in Section 1(c)above,TERRA will refund Fees as follows: Days of Employment Percent of Fee Refunded 1-29 100% 30-59 66.66% 60-90 33.33% (d) Payrolling Service.The payrolling service fee of 48%will be calculated as an hourly rate equal to the Payroll Employee's hourly rate plus the payrolling fee percentage.Reference checks are available for a fee of$50 per Candidate for Payroll Service. 3. Overtime(OT). Hourly rates agreed between the parties reflect regular hourly rates for Employees. In the event non-exempt Employees work OT,TERRA will invoice Customer for such OT hours at rates equal to one and one-half the Employee's regular hourly rate. OT hours will be performed only at the specific request of Customer and will be evidenced by the Employee's time slips. OT is defined as hours in excess of 40 hours in any TERRA workweek(seven consecutive 24-hour periods as established by the local TERRA office)except as required under Oregon Revised Statute("ORS")Section 652.020 which limits Employees in certain qualifying manufacturing positions from working more than 13 hours in any 24 hour period and requires OT pay for Employees working in excess of 10 hours in any 24-hour period or in excess of 40 hours in a workweek. "Workweek"under OSR 652.020 is defined as a "fixed period of time that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods". Under OSR 652.020,Customer agrees to pay Employees OT rates for the greater of the daily or weekly overtime hours worked by an Employee and to provide employees 10 hours of rest between the end and start of shifts. 3