Employer - Agency Agreement

 
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This agreement is made this day between A Nanny Connection Employment Agency (hereinafter "Agency") and Employer. Employer has contacted Agency for the purpose of Agency assisting Employer in a search for a Nanny.
 

DESCRIPTION OF SERVICES

 
Agency will provide the following services in conducting the search for Employer:
 
1. Interview Employer
 
2. Obtain Employer Application, Employer Job Order, including Job Description
 
3. Personal Interview of Prospective Nannies
 
4. Obtain Resume, Application and References of Prospective Nannies
 
5. Conduct Background Checks for: Personal References, Immigration Eligibility
 
6. Verify Nanny current CPR/TB test/chest x-ray
 
7. Upon Employer hiring of Nanny and receipt of fee, submission of Trustline application, as required by law if applicable
 
The services listed above are the ONLY services provided by Agency. It is the sole responsibility of the Employer to hire the Nanny. The role of Agency under this agreement is to perform the services stated above and make Nanny referrals based on all information ascertained during the course of the search outlined in number 1 thru 7 above.
 

II. TERM OF AGREEMENT

 
This Agreement will remain in effect for 30 days. The agreement is renewable for additional 30-day intervals by written notification to Agency from Employer.
 

III. EMPLOYER RESPONSIBILITIES

 
1. Employer is solely responsible for the decision to hire the Nannies.
 
2. Employer is solely responsible for the review of all results of the search conducted by Agency, and Nanny interview. Employer is responsible to conduct its own independent investigation of any Nanny hired by Employer.
 
3. Employer will cooperate with Agency in ascertaining all necessary and accurate information for the Agency to make an informed referral to Employer, including Employer Application, Job Order and Job Description.
 
4. Employer will pay all fees and costs due to Agency prior to commencement of Nanny's employment by Employer.
 

Fee due before Nanny begins employment.

 
5. Employer is responsible for all taxes and workers' compensation insurance related to the Employer-Nanny relationship mandated by federal and state law. Agency cannot give any legal or tax advice. Qualified professionals and appropriate government agencies should be contacted for assistance.
 
6. Employer will accurately disclose to Agency the length of his or her employment agreement with Nanny, and accurately keep and disclose the number of hours Nanny will be employed. Employer is also obligated to notify Agency of status of said agreement changes within the first twelve (12) months of employment.
 
EMPLOYER UNDERSTANDS THAT AGENCY IS NOT THE EMPLOYER OF ANY NANNY REFERRED BY THE AGENCY
 

IV. FEES AND COSTS

 
All fees and costs must be paid to Agency prior to the commencement of employment of any Nanny referred to Employer by the Agency. The fees and costs are as stated below:
 
A. Long-term Employment
 
Long-term employment is employment for a period of 12 weeks or more. Long-term employment includes both parttime and full-time Nannies. Long-term employment also includes both live-in and live-out Nannies. The Employer's fee for the placement of a Long-term/Full-time Nanny is five weeks of candidates gross annual salary. The Employer's fee for the placement of a Long-term/Part-time Nanny is five weeks of candidates gross annual salary.
 
B. Short-term Employment
 
Short-term employment is employment for a period of less than 12 weeks. Short-term employment includes both part-time and full-time Nannies. Short-term employment also includes both live-in and live-out Nannies. The Employer's fee for the placement of a Short-term Nanny is $675.00. If employer uses Nanny outside of the 12 weeks, Employer will pay any additional fee incurred. Employer is obligated to report such to Agency.
 
C. Daily Employment
 
Nannies may be available on a daily basis for which the employment fee for the placement of a daily Nanny shall be $25.00 per day.
 
D. Time Conversion
 
1. If at any time the Employer converts the Nanny from a Long-term/Part-time employee to a Long-term/Full-time employee, Employer will pay to the Agency the difference in additional hours.
 
2. If the Employer continues to employ a Short-term Nanny beyond the 12 week (short-term) period, the Employer will pay to the Agency the rate as provided in provision 2(A) hereof to be determined by the status of the employee as either a Longterm/ Full-time employee or a Long-term/Part-time employee, after crediting the employer for the $675.00 paid pursuant to provision 2(B) hereof.
 
3. The conversion, as referred to in this provision (D)(1) and (2) shall be considered complete at any time an employed Nanny works in excess of 20 hours in any week.
 
4. All fees for term conversion are due within 10 days of the date of conversion of the term. Any fees outstanding after 10 days will be subject to a late charge of $10.00 per day retroactive back to the date when the fees first came due.
 

ALL FEES AND COSTS ARE TO BE PAID PRIOR TO THE COMMENCEMENT OF THE EMPLOYER NANNY RELATIONSHIP. ANY FEES OUTSTANDING ARE SUBJECT TO A FINANCE CHARGE OF 1.5% FOR EACH 30-DAY PERIOD THEY ARE OUTSTANDING. EMPLOYER IS RESPONSIBLE FOR ALL COSTS AND ATTORNEYS' FEES ASSOCIATED WITH THE COLLECTION OF THE OUTSTANDING FEES.

 

V. FEE REFUND

 
Once the decision to hire a Nanny is made, the fees described above are due and payable to Agency prior to the commencement of the Employer-Nanny relationship. Once the decision to hire is made, the fee is entirely non-refundable with the following sole exceptions: a. In the case of a Short-term Nanny, whether Full-time or Part-time, if the Nanny terminates the employment within the first 14 days of the employment period, without cause, or is terminated for misconduct, the Employer shall be entitled to one additional Nanny search and no search cost to Employer. b. In the case of a Long-term Nanny, whether Full-time or Part-time, if the Nanny terminates the employment within the first 90 days of the employment period, without cause, or is terminated for misconduct, the Employer is entitled to one additional nanny search at no additional cost.
 

VI. CONFIDENTIALITY

 
The Employer agrees to keep all information about prospective Nannies confidential. Any disclosure of any information regarding a prospective Nanny which in any way contributes to the Nanny being hired by a third person will result in the Employer being responsible to Agency for all applicable fees and costs set forth under the terms of this agreement. Additionally, Employer's disclosure could subject Employer to damages related to the invasion of Nanny's privacy.
 

Employer understands he or she can not refer Nanny to a third party.

 

VII. INDEMNIFICATION

 
Employer agrees to indemnify and hold harmless Agency from any and all claims against Agency arising out of and/or in any way related to this Agreement and/or Employer's agreement with any Nanny. This indemnification and hold harmless agreement will include, but not be limited to, any claims Employer may have or obtain against Nanny, for any acts, omissions or other causes during or after the employment period, whether occurring within the scope of the employment or outside of the scope of employment. This indemnification and hold harmless agreement will also include, but not be limited to, any claims Nanny may have or obtain against Employer, for any acts, omissions or other causes during or after the employment period, whether occurring within the scope of the employment or outside of the scope of employment. Employer agrees to pay all attorneys' fees, expert fees, non-judicially recoverable costs and court costs incurred by Agency in defending itself from any action brought by Nanny or Employer against Agency and/or one another for any and all claims as stated herein.
 

VIII. NO GUARANTEES

 
Nothing in this agreement is to be construed in any way as a guarantee of the satisfactory placement of the Nanny hired by Employer. The Employer is solely responsible for verifying all information and all references supplied by the Agency regarding prospective Nannies, and is responsible for conducting its own independent investigation of any Nanny it hires. The Employer is solely responsible for the decision to hire the Nanny.
 

IX. ATTORNEYS' FEES

 
In the event there is a dispute between the parties hereto arising from this agreement, the prevailing party shall be entitled to recover all attorneys' fees, expert fees, non-judicially recoverable costs and court costs associated with the dispute.
 

X. CHOICE OF LAW

 
In the event there is a dispute between the parties hereto arising from this agreement, the Law of the State of California pertaining to contracts entered into and to be performed in the State of California shall control as to the resolution of all issues which may arise in a legal action commenced as a result of the dispute. Any actions commenced for any dispute arising out of this agreement shall have as its sole, proper and exclusive venue the appropriate court within Contra Costa County, California.
 

XI. INCORPORATED DOCUMENTS

 
The Employer application, Job Order and Job Description are to be attached hereto and are incorporated as part of this agreement as if set forth fully herein.
 

XII. ENTIRE AGREEMENT

 
This agreement and those documents referred to in provision XI above make up the entire agreement between the parties. No other documents nor agreements whether written or oral are part of this agreement. This agreement supersedes all other oral or written agreements between the parties hereto, which may be claimed to exist. This agreement may not be assigned by Employer to any person without Agency's prior written consent.
 

XIII. EXECUTION

 
I the Employer agree that I have fully read and understand each provision set forth in this agreement and acknowledge same by clicking Submit.
 
 
 
 
 
 
 

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