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N-2020-098 <br />INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: <br />VI NCENTBENJAMIN <br />ar•Ra�rnicb cgvn,v.�,r <br />C 9JU d <br />0Z07, ►, 0 h,,, <br />010Z L U AVlJ <br />MASTER SERVICES AGREEMENT <br />This Master Services Agreement ("Agreement") is hereby entered into on May 19th, 2020 (the "Effective Date"), the undersigned entity <br />(hereinafter referred to as "VincentBenjamin" or WB") accepts the assignment to provide recruiting services for City of Santa Ana now <br />known as Client, which hereby enters into this agreement with VincentBenjamin as of the date of the last signature below. <br />A. DIRECT HIRE (DH) RECRUITMENT SERVICES <br />After establishing the qualifications for the recruiting assignment, VincentBenjamin will identify prospects; inquire about their <br />backgrounds, interest in the opportunity, qualifications, technical expertise, accomplishments, financial expectations and career <br />goals. If the prospect meets the requirements and overall suitability regarding the Client's expectations, the resume of the <br />candidate is submitted, with permission of the candidate, to the client via email or in person. Where possible, VincentBenjamin will <br />perform reference checks and will furnish Client with this information upon request. Because there are substantial legal restrictions <br />on the use and communication of various types of employment -related information, it is mutually understood that final reference <br />checks, verification of education, criminal check, credit checks, and other documentation deemed necessary by Client will be <br />performed by Client. <br />Client will designate a representative for coordination of search and placement activities with VincentBenjamin, who will work with <br />VincentBenjamin, as required, in the evaluation and screening of prospective candidates, timely arrangement of interviews, and the <br />arrangements of appropriate activities in the final selection process, to include meetings with the appropriate hiring managers. <br />Client will process all candidates in a professional manner, and will keep VincentBenjamin informed on a current basis of <br />negotiations with all candidates. <br />1. DH Placement Fee & Payment Terms- City of Santa Ana does not do direct hire fees and Pay conversion fees <br />VincentBenjamin performs its search services on a contingency basis, meaning no fee will be assessed unless Client hires a <br />candidate introduced by VincentBenjamin (a "Candidate"). The fee for providing such services is calculated as 20% percent of <br />each Candidate's first year guaranteed compensation. Placement fees are earned by VincentBenjamin when a Candidate is <br />hired either directly or indirectly by Client, its affiliate or subsidiary, within one year of the last contact made as a result of <br />VincentBenjamin's efforts or referral, including but not limited to facsimile transmission or email of a requested resume or <br />candidate profile, telephone interview, or personal interview. Candidates are referred to Client in confidence. Should Client <br />refer or otherwise identify a Candidate to another company that hires the candidate, Client shall be jointly and severally liable <br />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. <br />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 <br />fees when due, Client agrees to pay all of VincentBenjamin's fees and costs of enforcement, including but not limited to <br />attorney fees and costs. <br />2. DH Placement Guarantee <br />VB guarantees a Candidate placement for ninety (90) calendar days. In the event that the Candidate resigns or is terminated <br />for cause during the first thirty (30) days of employment, the fee shall be promptly refunded upon request. Additionally, should <br />the Candidate resign or be terminated for reasonable cause between days thirty-one (31) and ninety (90), VB will make a <br />reasonable effort to replace the position at no additional charge (no additional charge for the same salary). Each position is <br />eligible for one replacement. This guarantee does not apply if the invoice terms have not been met, or if Candidate is <br />terminated for any reason other than cause or resignation. <br />B. CONTRACT AND CONTRACT -TO -HIRE (CCH) SERVICES <br />After establishing the qualifications for the recruiting assignment, VB will identify candidates; inquire about their backgrounds, <br />interest in the opportunity, qualifications, technical expertise, accomplishments, financial expectations and career goals. If the <br />candidate meets the requirements and overall suitability regarding the Client's expectations, the resume of the candidate is <br />submitted, with permission of the candidate, to the client via email or in person. Where possible, VincentBenjamin will perform <br />reference checks and will furnish Client with this information upon request. <br />#42519v2000.949.999.20140929 ® VincentBenjamin <br />Group, LLC <br />