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Schedule A
The London Borough of Harrow
Schedule “Named Client”
The terms and conditions of this Schedule A are incorporated into the Supplier Agreement executed by and between the Parties.
The terms and conditions of this Schedule A apply only to the extent that the Supplier is providing Temporary Workers to be engaged on Assignment with The London Borough of Harrow (the “Named Client”).
1. Charge Rates
1.1 Matrix shall pay the Supplier for the services of a Temporary Worker engaged by the Named Client at the Charge Rate only.
1.2 The Supplier agrees and acknowledges that Matrix will not be liable for any other charges relating to Temporary Worker absenteeism for any reason including but not limited to absenteeism which is attributable to illness, holiday, voluntary leave, maternity leave or paternity leave.
1.3 The Supplier shall be wholly responsible for the payment to Temporary Workers of all fees, monies, expenses, remuneration or other benefits (including but not limited to statutory maternity pay, statutory and contractual sick pay and holiday pay) payable to the Temporary Workers and for all taxes, social security or other contribution, which may be payable, relating thereto or as a result of the receipt of any monies paid or payable hereunder accruing on or after the Effective Date. The Supplier shall accordingly indemnify and hold Matrix and the Named Client harmless against all costs, claims, losses, expenses, liabilities or proceedings arising out of or in connection therewith.
1.4 If there is any dispute regarding the Pay or hours relating to any Temporary Worker, the Supplier must raise the query within seven (7) days in writing to Matrix. If the query is raised after this period, Matrix has no obligation to resolve the same.
1.5 If at any time a Temporary Worker is at the discretion of the Named Client unsatisfactory, Matrix shall notify the Supplier accordingly and may at any time thereafter terminate the Assignment, such discretion shall not be exercised unreasonably. If within two (2) working days of a Temporary Worker commencing work it is apparent that the Temporary Worker is incapable of doing the job for which the Temporary Worker was appointed through lack of skill or other short coming Matrix may terminate the Temporary Worker’s deployment and shall not be under any obligation to pay the Temporary Worker for the period of the Temporary Worker’s deployment.
1.6 The Supplier agrees the Mark Up charged to Matrix shall at the start of each Assignment be the Mark Up as set out in Clause 4 below. The Supplier agrees the Mark Up charged shall be reduced by one percent (1%) once a Temporary Worker has completed six (6) months on Assignment and then a further one percent (1%) once a Temporary Worker has completed twelve (12) months on Assignment.
2. Invoicing & Timesheets
2.1 The Supplier understands and agrees that all timesheets, invoices and payments shall be processed via the Application.
2.2 Timesheets will only be processed for payment where submitted in accordance with the instructions provided to the Supplier by Matrix. No other payments whatsoever will be made to the Supplier in respect of any Assignment.
2.3 Matrix uses a self-billing system to process all payments for and on behalf of the Named Client. The Supplier agrees not to raise or submit any invoice to Matrix or the Named Client. The Supplier is wholly responsibility for reconciling authorised timesheets with each purchase invoice received.
2.4 The Supplier agrees and acknowledges that neither Matrix nor the Named Client shall be under any obligation to pay any invoice or part thereof in respect of any timesheet or expenses submitted at any time following the expiry of a six (6) week period from the date the timesheet or expense claim relates to.
3. Payment Terms
Subject at all times to the Services having been supplied in accordance with the Agreement, Matrix shall pay the Supplier within 30 days of a valid timesheet or service receipt being authorised by the Named Client, or on Matrix processing payment subsequent to having been paid by the Named Client, whichever is the later. Where any monies are properly due to Matrix by the Named Client and remain outstanding, Matrix confirms it shall take all reasonable steps as it deems necessary to recover such monies in order to make payment to the Supplier.
4. Supplier Rates
The Agreed Mark Up for all Bookings for PAYE and Ltd is as follows:
Skill Category / PAYE/LTD Company / Maximum Agreed Mark Up / Capacity to Supply*Revenue and Benefits / PAYE / 34%
LTD / 12%
Building Services Maintenance / PAYE / 36%
LTD / 15%
Environmental / PAYE / 36%
LTD / 16%
Finance / PAYE / 36%
LTD / 14%
Housing / PAYE / 36%
LTD / 14%
Human Resources / PAYE / 38%
LTD / 15%
IT / PAYE / 34%
LTD / 12%
Legal / PAYE / 40%
LTD / 17%
Planning / PAYE / 40%
LTD / 16%
Policy / PAYE / 40%
LTD / 14%
Procurement / PAYE / 40%
LTD / 18%
Social services / PAYE / 41%
LTD / 17%
Technical / PAYE / 36%
LTD / 12%
*Please tick if you are able to supply into these categories and wish to receive Orders for the same.
5. Pay Rates
5.1 Any Temporary Worker already undertaking an Assignment prior to the Effective Date will continue to receive the Pay as designated at the effective start date of that Assignment.
5.2 All Temporary Workers assigned on or after the Effective Date, will be subject to the Pay as agreed at the time of the Booking.
5.3 Pay will be fixed but will be reviewed quarterly by Matrix and the Named Client to ensure they remain aligned to local market conditions. Any agreed changes will be communicated to the Supplier by Matrix.
5.4 The Supplier shall pay the correct and agreed rate of Pay to the Temporary Worker and shall promptly advise Matrix where any correction is required.
5.5 For the avoidance of doubt, the Supplier shall not be entitled to agree Pay for or on behalf of Matrix or the Named Client and where any discrepancy between Pay and any pay rate agreed by the Supplier arises, the rate of Pay shall prevail and the Supplier shall be responsible for any costs arising from the same.
6. Overtime
All hours are paid at the standard Pay. No overtime is payable on hours worked above a standard 37.5 hour working week save where expressly agreed otherwise by Matrix. The Supplier shall ensure that all Temporary Workers are aware of this.
7. Temp to Perm
7.1 Where a permanent vacancy has been advertised externally and a competitiverecruitment process undertaken in line with the Customer's equal opportunities policy, no temp to perm fees whatsoever are payable.
7.2 Save to the extent a vacancy as been advertised in accordance with 7.1 above, Matrix shall pay tothe Supplier the temp to perm fees set out below where, within the duration of the Assignment or the Relevant Period, the Temporary Worker is engagedor employed directly by either the Customer, Matrix or any third party to whom the Customer has introduced the Temporary Worker to undertake work outside of the scope of the Agreement.
7.3 The temp to perm fees set out in 7.7 below shall not in any circumstances be payable where the Temporary Worker transfers to another employment business/agency unless Matrix has actively transferred the Temporary Worker and the Supplier is not in default of any of the terms and conditions of this Agreement, nor where the Supplier elects to terminate the Agreement.
7.4 Where the Named Client engages a Temporary Worker on a fixed term contract (FTC) basis, Matrix shall calculate any fee payable in accordance with the fees set out in 7.7 below however the fee shall be prorated in accordance with the FTC length.
7.5 As an alternative to paying the temp to perm fee Matrix may notifythe Supplier that it wishes to retain the Temporary Worker for an extended period of hire. Such extended period of hire shall equate to the difference between the number of weeks spent on Assignment and fourteen (14) weeks. During the extended period of hire the Supplier shall supply the Temporary Workerto Matrix on terms no less favourable than prior to the commencement of the extended period of hire and at the end of the period the Temporary Worker shall transfer free of charge.
7.6 For the avoidance of doubt, where a Temporary Worker has been engaged for fourteen (14) weeks or more with the Named Client, including fourteen (14) weeks of non-continuous service, no fees whatsoever shall apply.
7.7 Save where 7.4 above applies, the temp to perm fees shall be as follows and shall be calculated as a percentage of the Temporary Worker’s projected gross remuneration which would be paid for the first year of work with the Customer:
Length of Service / Temp to Perm Fee (%)Up to 4 weeks / 15
5-10 weeks / 7
11-13 weeks / 2
14 weeks + / nofee payable
7.8 No other transfer fees whatsoever shall be payable by either Matrix or the Named Client.
7.9 The Supplier expressly agrees that this Clause 7 shall apply without exception whether the Temporary Worker commenced the Assignment prior to or after the Effective Date.
8. Insurances
8.1 Without in any way limiting its responsibilities under this Agreement, the Supplier shall insure with a reputable insurance company approved by the Named Client against its liabilities under the Agreement. For all claims against which this Agreement requires the Supplier to insure, the insurance cover shall be the minimum sum specified, or such greater sum as the Supplier may choose, in respect of any one incident. The Supplier’s insurance policy effecting such cover shall have the interest of the Named Client endorsed on it, or shall otherwise expressly by its terms confer its benefits upon the Named Client.
8.2 The Supplier shall supply to Matrix upon request certified copies of the insurance policies together with documentary evidence necessary to demonstrate compliance with this Clause 8.
8.3 The Supplier shall ensure that any such insurance expressly covers loss or damage to goods or property (including computer hardware and software) loaned, leased or hired to it and which remains in the legal ownership of the Named Client.
8.4 The nature of the insurance policy and cover to be provided shall for each and every individual claim not be less than the following amounts:-
8.4.1 Five (5) million pounds for Third Party/Public Liability
8.4.2 Ten (10) million pounds for Employer’s Liability claims
8.5 The Supplier shall maintain with reputable insurers or indemnitors, professional indemnity insurance which fully insures the Supplier in respect of the Supplier’s obligations and liabilities to provide the Service, in an amount of not less than one million five hundred thousand pounds sterling (£1,500,000), for any one occurrence or a series of occurrences arising out of any one event (for a period of 12 years from the date of the completion by the Supplier of its obligations pursuant to the Agreement provided that such insurance is available to agencies of the same profession or discipline at commercially reasonable rates. The Supplier shall immediately inform Matrix if such insurance ceases to be available at commercially reasonable rates).
8.6 For the avoidance of doubt, minimum insurance levels shall not be a limit of liability under the Agreement.
9. Indemnities
9.1 The Supplier shall be liable for and shall fully and promptly indemnify and keep indemnified Matrix and the Named Client and their employees and agents, against all liabilities, demands, proceedings, damages, costs, losses, claims, charges and expenses whatsoever in any way arising out of or in connection with:
a) the defective provision of the Service or breach by the Supplier of any requirement of the Agreement;
b) the injury to, or death of, any person howsoever arising whether in contract tort or otherwise except and to the extent that it may arise out of the act, default or negligence of Matrix or the Named Client, its employees or agents other than the Supplier or its personnel.
9.2 The liability set out in Clause 9.1 shall, for the avoidance of doubt, include liability for third parties employed in connection with the Services so far as the management of, or instructions issued to, such third parties is the responsibility of the Supplier.
9.3 The Parties agree that the Temporary Workers will not be employees of the Named Client.
10. Supplier Obligations
10.1 The Supplier shall use all reasonable endeavours to ensure that each Temporary Worker is suitable for the Assignment in which they are to be placed, which shall include but not be limited to taking all reasonable steps to verify the status of each candidate to ensure that such candidate is legally entitled to work in the United Kingdom and has the requisite qualification and experience as set out by Matrix in the Order.
10.2 If the Supplier requires any further instruction or information in connection with the provision of the Service the Supplier shall make a sufficiently detailed and sufficiently timely application to Matrix for the same.
10.3 The Supplier shall at all times comply with all relevant policies of the Named Client, Codes of Practice and Financial Regulations, provided a copy has been made available to the Supplier by Matrix.
10.4 The Supplier shall ensure that neither the Supplier nor its Temporary Workers shall do any act or thing at any premesis owned or occupied by the Named Client other than the proper performance of the Services, and no signs or advertisements shall be exhibited without prior Matrix written approval.