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Consulting Services Agreement between City of San Leandro and Last revised 4/29/2024 <br />Harvest Technical Services for Water Pollution Control Temporary Staffing Page 2 of 5 <br /> <br /> <br />6. PAYMENT TERMS. Payment of Harvest’s invoice is due in full within thirty (30) <br />days of submission. Unpaid invoices are subject to a service charge of 1 ½ percent per month <br />(18% per year) on balances unpaid after ten (10) days from the due date. <br /> <br />7. HARVEST RESPONSIBILITY. Harvest is responsible for paying the <br />compensation, including any fringe benefits, of its employees temporarily assigned to the City. <br />Harvest is also responsible for withholding, reporting and paying all payroll tax and legally <br />required withholdings associated with such compensation. Harvest will be responsible for <br />obtaining all worker’s compensation coverage of such employees at its expense and will provide <br />City with a certificate of insurance. Harvest will compensate its employees and invoice City on <br />the basis of the hours worked as shown on the Harvest timecard. <br /> <br />8. CITY RESPONSIBILITY. City is responsible for providing Harvest with an adequate <br />description in advance of each assignment for which Harvest will provide temporary staff, including <br />but not limited to any credential, certification, license or other qualification required. City is <br />responsible for supervision of Harvest’s temporary employees assigned to City. Cityagrees to <br />review and approve the Harvest timecard for each employee promptly on a weekly basis. City will <br />promptly notify Harvest immediately of any discrepancies between the assigned employee’s hours <br />reported on the Harvest timecard and City’s internal time records. City agrees to provide feedback <br />and comment on any temporary employees supplied by Harvest promptly. City agrees t o notify <br />Harvest immediately if the specification for a particular assignment ends or will end prior to the <br />anticipated date. <br /> <br />9. COMMITMENT TO SAFETY. City agrees to furnish Harvest employees with safe <br />working conditions and equipment in compliance with all applicable health and safety <br />regulations, ordinances, and laws, and to train Harvest employees in safety procedures <br />necessary for the performance of the assignment. City agrees to provide each Harvest employee <br />assigned to it with personal protective equipment, as may be appropriate. Further, City agrees to <br />provide Harvest with documentation of all safety training in which each Harvest employee <br />assigned to it receives. City agrees that it is familiar with and incompliance with applicable OSHA <br />and Cal/OSHA requirements and regulations. City agrees to indemnify and hold Harvest, its <br />management and employees harmless from any claims, damages, fines, expenses or other <br />liability resulting from a violation of its obligations under this Agreement or resulting from unsafe <br />working conditions or OSHA or Cal/OSHA violations related to any facility owned or controlled by <br />City where Harvest employees are assigned. Provided however, that the foregoing <br />indemnity shall not apply to liability for maintaining Worker’s Compensation insurance coverage for <br />Harvest employees assigned to City, or for claims for work-related injuries or illness to Harvest <br />employees assigned to City. <br /> <br />10. SETTLEMENT FEES. City shall be responsible for paying Harvest a settlement <br />fee (“Settlement Fee”) that is a percentage of the applicable Full-Time Placement Fee described <br />in Section 11, in an amount determined according to the table below, if City attempts to hire or <br />hires a Harvest employee assigned to City (or City’s subsidiary, parent or affiliated company) as <br />an employee or a contractor. <br /> <br />DocuSign Envelope ID: 0C4C2EAE-7495-4D14-AA42-2D4EEE0A1F9D