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33092 Watertown Plank Road |
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PO Box 147 Nashotah, WI 53058 |
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Submitted by David Pakalski – Sales Manager |
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262-367-3999 Fax 262-367-3036 |
PROPOSAL FOR ENGINEERING AND
TECHNICAL SERVICES
ARTICLE 1 - BASIC AGREEMENT
1.1 Scope of Services
Safe Harbor Group, LLC (hereinafter called Safe Harbor), an independent contractor, agrees to provide the services of such employees of Safe Harbor and equipment as required to perform the technical services requested by
_______________________________ (hereinafter called Client). Safe Harbor will perform the requested services on the premises of Client.
Safe Harbor employs highly skilled and talented technical personnel with a wide range of education and experience focusing on the Intergraph/ MicroStation community nationwide. Technicians, Draftsmen, Systems Managers, Programmers and Engineers with extensive industrial backgrounds are available to provide the technical services desired by Client. Whatever the nature, extent or variety of technical talent desired by Client, Safe Harbor will provide the technical flexibility necessary to perform the desired services.
The services available to Client from Safe Harbor encompass the entire range of technical disciplines required by the industry and include: Architectural - Civil/Structural - Highway and Site- Electrical - Electronic - Heating, Ventilating, and Air Conditioning - Industrial - Instrumentation and Controls - Mechanical - Piping - Process -Programming- Structural - CAD Systems Administration and Others.
Safe Harbor provides the latest state-of-the-art Intergraph CAD workstations as well as trained operators. Workstations can be included in the hourly billing rate of the employee, or billed separately as per the terms and conditions of the rental agreement.
1.2 Hourly Service Fees
The technical service fees charged by Safe Harbor are based on the competitive value of the skill, education, and experience of its employees involved in providing the technical services to Client.
1.3 On-Site Services
The employees of Safe Harbor assigned to work on the premises of Client will recognize and abide by all applicable policies, rules and regulations of Client. The experience and training of Safe Harbor employees assures maximum cooperation and integration of their professional performance without threat of job competition for the permanent employees of Client. The employees of Safe Harbor are informed that the rate of pay and other employment benefits of Safe Harbor are a confidential matter and are not to be disclosed to employees of Client.
ARTICLE 2 - EMPLOYEMENT CONDITIONS
2.1 Employee Relationship
Personnel assigned to provide the technical services requested by Client’s Purchase Order shall be employees of Safe Harbor and shall be paid for their services only by Safe Harbor. All matters concerning wages, expenses, hours worked and paid, working conditions, and other similar administrative matters shall be resolved between the employees and Safe Harbor - not between employees and Client.
2.2 Employee Selection
Employees shall be selected by Safe Harbor in accordance with its understanding of Client’s technical requirements. Safe Harbor will furnish resumes of its selected employees to Client for final acceptance, which remains the Client’s responsibility since its technical requirements are subject to interpretation. During assignment, employees shall perform under the technical direction of Client.
2.3 Employee Conformity
Safe Harbor shall inform its employees that they are to abide by all applicable rules, regulations and policies of Client and Safe Harbor shall further assist Client in their implementation and enforcement.
2.4 Employee Performance
If any employee assigned to Client does not satisfactorily perform the designated duties to Clients sole discretion, or if Client considers an employee’s conduct detrimental to Client’s overall program, Safe Harbor shall withdraw such employee immediately upon notification by Client. Client shall be responsible to pay Safe Harbor for the period of time employee was working for Client.
2.5 Employee Solicitation
Neither Client nor Safe Harbor shall directly solicit, approach or hire any of the other’s employees for the purpose of employment by the other so long as this Agreement is in effect, except with the consent of the other. Client shall not permit competitor organizations of Safe Harbor to hire Safe Harbor employees for use on Client’s work. Should Client desire to hire an employee of Safe Harbor, upon appropriate notification; suitable arrangements will be made with such employee through Safe Harbor. Placement fee based on 25% of the annual compensation will be billed to Client for direct placements. A prorated fee will be billed to the Client based on length of service during the first 6 months. A fee will not be charged if the employee has provided more than six (6) months of continuous service to the Client.
2.6 Inventions and Discoveries
Safe Harbor requires each employee assigned to Client to execute an agreement, which assigns to Safe Harbor, or its nominee, all and any discoveries and/or inventions resulting from technical services provided to Client by Safe Harbor. Safe Harbor assigns to Client, as its nominee, Safe Harbor’s rights under these agreements.
2.7 Proprietary Information
Safe Harbor shall inform its employees that, should private or proprietary information of Client become available to them, employees shall maintain confidentiality and, if requested by Client, so assure in writing. Either Safe Harbor or Client shall have the rights and remedies to enforce such conformance for the benefit of Client.
2.8 Employee Code of Ethics
All employees of Safe Harbor assigned to Client’s work are provided a professional Code of Ethics governing their personal conduct while in behalf of Client. The adherence to this Code of Ethics enhances the ability of Safe Harbor employees to integrate their activities with the other professional members of Client’s organization and to be fully supportive of Client’s interests.
2.9 Equal Employment
Opportunity
Both Safe Harbor and Client agree to apply uniform and equitable standards of employment opportunity and assure that the best possible use is made of the abilities of Safe Harbor employees regardless of race, sex or age.
ARTICLE 3 - WORKING HOURS AND REIMBURSABLE EXPENSES
3.1 Work Week
A regular workweek mutually agreed upon by the Client and the Safe Harbor employee shall be provided by Client for each employee assigned to provide the technical services desired by Client. This may be reduced for any week wherein one of the eight(8) national holidays is celebrated (New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and the day after, and Christmas and the day before).
3.2 Overtime
The normal straight-time billing rate shall apply to the first forty (40) hours worked by an employee in a week. Hours worked in excess of the above shall be billed at 1.5 times the straight-time employee billing rate, or as per the overtime rate quoted in the Statement of Terms.
3.3 Per Diem Allowance
Client will not be billed for Per Diem Allowance unless specifically stated on the Statement of Terms and approved by Client. Per Diem Allowance is the living expense allowance for an employee working at a distant location from home, defined as more than fifty (50) miles one way, and is based upon living expenses for an entire day and shall be paid on a seven (7) day per week basis.
3.4 Mileage Reimbursement
Client will not be billed for Mileage Reimbursement unless specifically stated on the Statement of Terms and approved by the Client. When an employee is assigned to work on the premises of a Client that is more than fifty (50) miles distant from the home of the employee, the employee may be paid mileage reimbursement.
3.5 Travel Expenses
In the event employees are required to travel on Client’s business, the expenses incurred in such travel; i.e. airfare or other approved transportation, plus other expenses incidental for such travel, will be billed to Client at cost. Employees traveling on Client’s business shall travel and work under the same rules, regulations and receive the same monetary reimbursements as Client’s employees of comparable responsibility.
3.6 Other Direct Expenses
Safe Harbor shall be reimbursed for actual direct expenses, which are solely attributable to the subject program when such direct expenses are authorized in advance or ratified by Client.
ARTICLE 4 - ACCOUNTING - TIME RECORDS - BILLING
4.1 Accounting Records
Safe Harbor shall maintain complete and accurate accounting records in accordance with standard accounting practices to substantiate all charges to Client.
4.2 Time Records
Safe Harbor shall provide each employee with weekly time tickets and/or time cards. Such time records shall be maintained by employee on a daily basis and, at the end of each week, the hours of work of each employee assigned to Client’s work shall be approved by Client prior to transmittal to Safe Harbor. These Client-approved time records will be used by Safe Harbor to pay its employees and shall be conclusive as to allowable, billed time to Client for each such employee.
4.3 Billing
Safe Harbor shall render invoices weekly for technical services performed in accordance with this Agreement. Weekly invoices will also be rendered for all authorized direct expenses attributable to the services being rendered to Client. The terms of payment for this billing shall be net ten (10) days. Safe Harbor shall not bill Client for time lost by an employee because of illness or any other personal reason of employee, unless approved by Client.
ARTICLE 5 - OTHER COVENANTS
5.1 Acceptance
Acceptance of this Proposal shall be signified either by Client’s signature, acceptance of a Safe Harbor employee, or by issuance of a Client Purchase Order to Safe Harbor for the desired technical services. Acknowledgment of receipt of the Purchase Order or assignment of the Safe Harbor employee shall constitute acceptance by Safe Harbor. The Purchase Order will be attached to this agreement.
5.2 Term of Agreement
The term of this Agreement shall be for the period required for the fulfillment of any Purchase Order(s) issued by Client for the technical services of Safe Harbor.
5.3 Termination of Agreement
This Agreement may be terminated at any time by either party upon seven (7) days notice to the other party. In the event of termination of this Agreement, all Client property and work in progress in Safe Harbor’s possession shall be forwarded to the Client and Client shall make prompt payment for services performed to the effective date of termination.
5.4 Insurance
Safe Harbor has secured and will maintain Worker’s Compensation and General Liability Insurance coverage to protect Client from claims under Worker’s Compensation Acts and from claims for bodily injury, death, or property damage, which may arise as a result of employee’s presence on Client’s premises. Upon request, a Certificate of Insurance shall be submitted to Client in conformance with Safe Harbor’s standard coverage.
5.5 Amendments
This Agreement may be amended from time to time by mutual agreement of the parties, executed and approved in the same manner as this Agreement.
5.6 Interpretation
This Agreement shall be construed and interpreted solely in accordance with the laws of the State of Wisconsin.
Whereas, in consideration of the mutual covenants set forth above, the Client desires technical services to be performed by employees and equipment of Safe Harbor Group and Safe Harbor Group agrees to provide such employees and equipment to perform the desired technical services. This Agreement is entered into this _____ day of _____________, 19___ by and between:
CLIENT:
BY: ____________________________ BY:_________________________________
David Pakalski- Sales Manager
Safe Harbor Group LLC
Name________________________________
Title_________________________________
Company_____________________________
Date_________________________________