CSA Harvest Tech 08012022 - Laserfiche WebLink

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Consulting Services Agreement between City of San Leandro and Last revised 8/4/2022 Harvest Technical Services Exhibit A – Page 2 of 3 supplied by Harvest promptly. City agrees to notify Harvest immediately if the specification for a particular assignment ends or will end prior to the anticipated date. 9. COMMITMENT TO SAFETY. City agrees to furnish Harvest employees with safe working conditions and equipment in compliance with all applicable health and safety regulations, ordinances, and laws, and to train Harvest employees in safety procedures necessary for the performance of the assignment. City agrees to provide each Harvest employee assigned to it with personal protective equipment, as may be appropriate. Further, City agrees to provide Harvest with documentation of all safety training in which each Harvest employee assigned to it receives. City agrees that it is familiar with and incompliance with applicable OSHA and Cal/OSHA requirements and regulations. City agrees to indemnify and hold Harvest, its management and employees harmless from any claims, damages, fines, expenses or other liability resulting from a violation of its obligations under this Agreement or resulting from unsafe working conditions or OSHA or Cal/OSHA violations related to any facility owned or controlled by City where Harvest employees are assigned. Provided however, that the foregoing indemnity shall not apply to liability for maintaining Worker’s Compensation insurance coverage for Harvest employees assigned to City, or for claims for work-related injuries or illness to Harvest employees assigned to City. 10. SETTLEMENT FEES. City shall be responsible for paying Harvest a settlement fee (“Settlement Fee”) that is a percentage of the applicable Full-Time Placement Fee described in Section 11, in an amount determined according to the table below, if City attempts to hire or hires a Harvest employee assigned to City (or City’s subsidiary, parent or affiliated company) as an employee or a contractor. Straight Time Hours on Assignment Percentage of Full-Time Placement Fee (see Section 11) 1-520 straight time hours billed 100% of full-time placement fee 521-1040 straight time hours billed 25% discount off full-time placement fee 1041-1560 straight time hours billed 50% discount off full-time placement fee 1561-2080 straight time hours billed 75% discount off full-time placement fee 2080+ straight time hours billed No Settlement Fee Harvest will submit its invoice to City for the applicable Settlement Fee, promptly following information that City has hired or attempted to hire Harvest’s employee, which invoice shall be due and payable in full within 30 days. All Settlement Fees are payable in cash in accordance with Section 6 above. 11. FULL-TIME PLACEMENT FEES. At City’s request, Harvest will provide technical personnel employment placement services to City, including recruiting, interviewing, screening, testing and pre-screening candidates for employment directly with City. Harvest’s compensation for placement services is calculated as a percentage of the total base salary agreed by City to be paid to the candidate. a. The fee shall be 20% of the first-year compensation offered by City, net of any signing bonus paid to the employee. b. If any candidate referred by Harvest accepts employment from City (or City’s subsidiary, parent or affiliated company) as an employee or a contractor within 180 calendar days after the date after such referral by Harvest, City agrees to pay Harvest the full-time placement fee, as determined above according to this Section 11. i. Harvest will invoice City for the entire applicable full-time placement fee promptly upon candidate’s acceptance of such employment. ii. Fees are payable in full according to the Payment Terms in Section 6, above. c. If an employee or contractor placed by Harvest under this Section 11. voluntarily terminates or is terminated within the first 90 days, Harvest will use commercially reasonable efforts to replace such employee or contractor without additional charge. If Harvest is not able to replace the employee or contractor after reasonable efforts, Harvest will return the placement fee paid by City. Provided however, that i. if such employment or engagement is terminated as a result of City’s reduced workload, forcing a reduction in staff, or ii. if the scope of duties of the employee or contractor has changed substantially or has been misrepresented to Harvest, or iii. if the full-time placement fee payment schedule is agreed upon in advance by signing an addendum to this Agreement which nullifies the 90-day guarantee, DocuSign Envelope ID: E5B8E65A-9F22-4445-932B-94A6BD46AD86