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HomeMy WebLinkAboutVINCENT BENJAMINN-2020-098 INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: VI NCENTBENJAMIN ar•Ra�rnicb cgvn,v.�,r C 9JU d 0Z07, ►, 0 h,,, 010Z L U AVlJ MASTER SERVICES AGREEMENT This Master Services Agreement ("Agreement") is hereby entered into on May 19th, 2020 (the "Effective Date"), the undersigned entity (hereinafter referred to as "VincentBenjamin" or WB") accepts the assignment to provide recruiting services for City of Santa Ana now known as Client, which hereby enters into this agreement with VincentBenjamin as of the date of the last signature below. A. DIRECT HIRE (DH) RECRUITMENT SERVICES After establishing the qualifications for the recruiting assignment, VincentBenjamin will identify prospects; inquire about their backgrounds, interest in the opportunity, qualifications, technical expertise, accomplishments, financial expectations and career goals. If the prospect meets the requirements and overall suitability regarding the Client's expectations, the resume of the candidate is submitted, with permission of the candidate, to the client via email or in person. Where possible, VincentBenjamin will perform reference checks and will furnish Client with this information upon request. Because there are substantial legal restrictions on the use and communication of various types of employment -related information, it is mutually understood that final reference checks, verification of education, criminal check, credit checks, and other documentation deemed necessary by Client will be performed by Client. Client will designate a representative for coordination of search and placement activities with VincentBenjamin, who will work with VincentBenjamin, as required, in the evaluation and screening of prospective candidates, timely arrangement of interviews, and the arrangements of appropriate activities in the final selection process, to include meetings with the appropriate hiring managers. Client will process all candidates in a professional manner, and will keep VincentBenjamin informed on a current basis of negotiations with all candidates. 1. DH Placement Fee & Payment Terms- City of Santa Ana does not do direct hire fees and Pay conversion fees VincentBenjamin performs its search services on a contingency basis, meaning no fee will be assessed unless Client hires a candidate introduced by VincentBenjamin (a "Candidate"). The fee for providing such services is calculated as 20% percent of each Candidate's first year guaranteed compensation. Placement fees are earned by VincentBenjamin when a Candidate is hired either directly or indirectly by Client, its affiliate or subsidiary, within one year of the last contact made as a result of VincentBenjamin's efforts or referral, including but not limited to facsimile transmission or email of a requested resume or candidate profile, telephone interview, or personal interview. Candidates are referred to Client in confidence. Should Client refer or otherwise identify a Candidate to another company that hires the candidate, Client shall be jointly and severally liable for the entire fee. All fees are earned and due on the Candidate's start date, payable with 30 days of the Candidate start date. Unpaid fees are subject to a service charge of 1.5% per month It 8% per year). In the event Client fails to timely pay any said fees when due, Client agrees to pay all of VincentBenjamin's fees and costs of enforcement, including but not limited to attorney fees and costs. 2. DH Placement Guarantee VB guarantees a Candidate placement for ninety (90) calendar days. In the event that the Candidate resigns or is terminated for cause during the first thirty (30) days of employment, the fee shall be promptly refunded upon request. Additionally, should the Candidate resign or be terminated for reasonable cause between days thirty-one (31) and ninety (90), VB will make a reasonable effort to replace the position at no additional charge (no additional charge for the same salary). Each position is eligible for one replacement. This guarantee does not apply if the invoice terms have not been met, or if Candidate is terminated for any reason other than cause or resignation. B. CONTRACT AND CONTRACT -TO -HIRE (CCH) SERVICES After establishing the qualifications for the recruiting assignment, VB will identify candidates; inquire about their backgrounds, interest in the opportunity, qualifications, technical expertise, accomplishments, financial expectations and career goals. If the candidate meets the requirements and overall suitability regarding the Client's expectations, the resume of the candidate is submitted, with permission of the candidate, to the client via email or in person. Where possible, VincentBenjamin will perform reference checks and will furnish Client with this information upon request. #42519v2000.949.999.20140929 ® VincentBenjamin Group, LLC 1. Employment Relationship The candidate assigned is an employee or contractor of VB and shall not be deemed to be a Client employee. VB agrees to assume full responsibility for paying, withholding, transmitting payroll taxes; making unemployment contributions; and handling unemployment and worker's compensation claims involving assigned employees. 2. Insurance Certificate of Insurance for the following is available upon Client's request: • Statutory Worker's Compensation Insurance • Commercial Liability Insurance • Excess/Umbrella Liability • Professional Liability • Crime insurance In amounts deemed sufficient 3. CCH Guarantee VB guarantees Client's satisfaction with the candidate's services by providing a one day guarantee period for each new candidate assigned. If for any reason Client is dissatisfied with the candidate assigned, and Client so informs VB before the end of the first day, VB will not charge Client for the unsatisfactory work, up to a maximum of the first eight hours worked, VB's guarantee does not cover any overtime work. 4, Fees & Billing VB will invoice Client at the rate quoted, and the quoted rate (whether communicated by phone, email, or other such reasonable means of communication) is deemed acceptable upon agreement to start the assigned candidate. VB compensates assigned candidate on a weekly basis and invoices weekly for the total hours worked. Because VB Invoices reflect payroll we have already paid, our invoice are due 30 days after the invoice date. Unpaid invoices are subject to a service charge of 1.5% per month (18% per year), In the event Client fails to timely pay any said fees and charges when due (whether for interim services or conversion fees), Client agrees to pay all of VB's fees and costs of enforcement, including but not limited to attorney fees and costs. If Client disputes any portion of the charges on a weekly invoice, Client shall pay the undisputed portion per the terms outlined above. Client agrees that charges must be disputed within thirty (30) days of the invoice date. VB and client have agreed to initial assignment of personnel as referenced in Exhibit A. Additional proposals for services shall be agreed to separately by the Parties and shall be subject to this Agreement. 5. Conversion Fee Client further understands that VB is an employment agency, and temporary employees represent our inventory of skilled professionals as a result of substantial expense in terms of time and money spent for advertising, screening, testing, referencing, and training of such personnel. In the event Client wishes VB employees converted to Client's employ, Client agrees to contact VB regarding VB policy before the conversion, and Client agrees to pay a conversion fee as a percentage of the annual salary according to the following schedule: Duration (Hours) Fee 1- 520 hours No Fee after 520 hours after 720 hours after 1040hours 6. Supervision & Responsibility Supervision of the candidate, and his/herwork for Client, is Client's sole responsibility, and Client shall be solely responsible to provide a safe, harassment -free and discrimination -free workplace, and provide any necessary and appropriate equipment and safety training for that equipment. Client is to immediately report to VS any violations of these provisions, as well as report any injuries or complaints by VB contractor. Client shall defend, and indemnify and hold VB harmless form any and all claims that may arise as a result of Client's actual or alleged breach of these provisions. The prevailing party in any dispute over the applicability or breach of this paragraph will be entitled to its reasonable attorney's fees and costs incurred in such dispute. The parties agree that proper venue for any action based on this contract will be Orange County, California. g42519v200D.949.999.20140929 © vincenteeniamin Group, LLC Client will not permit or require a VB Contractor: (i) to perform services outside of the scope of his or her assignment; (ii) to sign contracts or statements, (iii) to make any management decisions (iv) to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables, or (v) to operate machinery (other than office machines) or automotive equipment. Client hereby represents and warrants that Client is in full compliance with all the laws, rules and regulations of duty constituted by governmental bodies concerning VB contractors or any other employees, and that VB contractors will be provided rest periods and meal breaks in accordance with the law. C. TERM This Agreement shall remain in effect for one year following the date it is signed, unless terminated by either Party as provided below, and shall automatically renew for consecutive one (1) year periods. This Agreement may be terminated at any time by either Party for any reason or nor reason by providing thirty (30) calendar days advance written notice of termination. Any obligations with respect to the payment of invoices by Client to VB that were in effect prior to termination shall remain in effect. D. SURVIVAL Any provision of this Agreement which, by its terms, is intended to continue in effect after the termination or expiration of this Agreement, including Sections A(1), B(4), and B(5), shall survive the termination or expiration of this Agreement as stated, in order to effectuate the purpose of such provisions. E. ACCEPTANCE All referrals are made in confidence. The terms of this agreement are deemed accepted upon agreement to interview, hire or retain a candidate referred by VincentBenjamin. This Agreement contains the complete and final terms on the topics discussed herein, and supersedes any prior agreements or understandings on these topics. Vincent amin Bill Hoke, CFO 20 Date Attest Daisy Gomez, Clerk of the Council Approved as to Form JoV M. Funk Acting Sr. Assistant City Attorney City of Santa Ana Kristin Ridge, CityManager'' Date Recommended for Approval de. EC_X t�"h Nabil Saba Executive Director, Public Works Agency #42519v2000.949-999.20140929 0 VincentBeniamin Group,LLC EXHIBITA Hi Hayley, Re: Staff Augmentation — Proposal for Services via email Thank you for partnering with VincentBenjamin for your accounting and finance needs in 2020. We specialize in providing finance and accounting specialists that are committed to projects on a consulting basis. We work numerous Cities to assist them with contract projects. VincentBenjamin accounting & finance recruiting teams work closely with local employers to understand their business needs and project initiatives in order to identify and provide high -demand financial talent as your needs arise. Our financial recruiters can provide contact consultants or direct hire permanent staff from CFOs and controllers with Big 4 experience to entry level accounting and finance graduates. We offer experienced and highly sought-after professionals In the areas of strategic finance, accounting & reporting, and transactional accounting. Based off your requirements for this role, I would be able to provide an Accounting Assistant to prepare granttcost reimbursement analysis and generate invoices to funding agencies for an all-inclusive hourly bill rate of $49,58, The role is classified as Accounting Assistant with the duration not to exceed 990 hours per Fiscal Year, July 1s1 through June 30th. Please let me know if you have any questions. Jamie Campagnolo Senior Manager Business Development VincentBenjamin #42519v2000.949.999.20140929 9) VincentBenjamin Group, LLC