Loading...
HomeMy WebLinkAbout2018-697-E AMS - Sparrow Enterprises Labor Finders hurricane prep DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 [Departmental Use Only] TITLE Hurricane Florence Prep FY 2019 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 17th day of October, 2018, ("Effective Date")by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Sparrow Enterprise, Inc Labor Finders (the "Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: labor and transportation filling sand bags and clearing debris in preparation of Hurricane Florence for various locations in Orange County, as details in provided invoice. The term of this agreement rendered shall be from September 10,2018 to September 16,2018. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed seven hundred eighty five dollars and four cents, ($785.04). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may Revised 10/17(Mgr appry 5k 6/18) 1 DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: The Provider agrees,without limitation, to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.oran eg coggtync. og v/departments/purchasingtidivision/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Revised 10/17(Mgr appry 5k 6/18) 2 DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGF, COITNTV PROVIDER �ocuSigned dyt OacuSigned by: By: By: r6t& �JaIkW 9E880A46CF64498... A474AACB650D4F8... L.,Yu.�.��.,�.��,...,.,�.,� Title: 200 S. Cameron St. Sparrow Enterprise,Inc Labor Finders P.O. Box 8181 PO Box 890043 Hillsborough,NC 27278 Charlotte,NC 28289-0043 Revised 10/17(Mgr appry 5k 6/18) 3 DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 Like us an Facebook CUSTOMER ACCOUNT TERMS & CONDITIONS Date of Application: 6126/2018 HOW 111D YOU HEAR ASOUT US? Sales CaII LF Employee Initials DNR WORK SITE INFORMATION Is this a Federal, State or D.O.T.job?If Yes.what is minimum wage?$ Prevailing wage list available to us? Orange County Dept.of Asset Management Services Legal Company: Date Business Established Billing Address: City: State: PO Box 187 Hillsborough 200 S.Cat Zip: 27278 Physical Address: 200 S.Cameron St City: Hillsborough State: NC Zip: 27278 Phone: Fax: Federal ID# Email Address: adorman @orangeccuntync.gov IF NOT INCORPORATED please provide your PERSONAL CREDIT INFORMATION Owner's Name: Social Security#: Date of Birth: Driver's License State&Number: Home Phone: ome Address: City: State: Zip: BUSINESS TRADE REFERENCES Bank Name: SunTrust Contact Name: NIA Phone 919-296-6003 200+ Yes Account Number: Doing Business How long? Goad Standing? l)Trade Reference Name: Dual Supply Contact Name: Phone 919-732-2442 Year's Business Relationship has existed? Pays within agreed upon terms?Y or N Highest Credit Balance:$ News of Orange 919-732-2171 2)Trade Reference Name: Contact?dame: Phone Year's Business Relationship has existed? Pays within agreed upon terms?Y or N Highest Credit Balance:S Braxton Tire 919-732-1155 3)Trade Reference Name: Contact Name Phone Year's Business Relationship has existed? Pays within agreed upon terms?Y or N Highest Credit Balance:$ Fax to: (919)713-0719 or Email to: Raleigh @laborfinders.com Requested By: DNR Customer Credit Limit:$ Date: 1 Please Read And Complete All Pages And Return To Us For Processing Form CAT April 2018 DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 t>z Date: FOR BUSINESSES THAT WANT TO PAY WITH CREDIT CARD Created on: Sy: Initial Charge for WO#3l- - For work date of: Account##: 3l- - Additional Charge: S Refund: Company/Individual Name: Billing Address: City: State: Zip: Street Address: City: State: Zip: Email Address: Phone Number: Fax: Cell: AUTHORIZATION TO CHARGE ACCOUNT I, ,authorize Labor Finders to charge the credit card(listed below) for temporary employment services that I receive. This authorization is good for all such services from this date forward that are authenticated by signed work orders indicating the number of hours per employee. I understand that the charges that will be placed against my credit card will be determined by multiplying the total hours per work order by the applicable hourly bill rate. Other charges that may be incurred if requested by customer are, background checks,drug screens, waiver of subrogation and a daily transportation charges that may be indicated below. The initial charge for services is $ L_Hours@ X Number of Persons Plus ) 4 Hour Per Person Minimum Our bill rates per person per hour: $ /hr-for Labor Light. $ for Labor Plus/Demo. $ for Semi-skilled Labor, $ for Skilled Labor. A Transportation charge of$ per day. (check one) OMaster Card 0 Visa ()American Express 0 Discover Other Card #: Exp. Date: - - Name on Card: CV2 Code: (This is the three digit code on the back of the credit card) Sign Here Authorized Card Holder's Signature Required 2 Please Read And Complete All Pages And Return To Us For Processing Form CAT April 2018 DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 Initial Here Account Terms and Conditions Customer hereby requests that Labor Finders hereinafter referred to as("LF")furnish Customer with staffing services and or credit, and LF hereby agrees to provide such services and or credit as approved by LF subject to the following terms and conditions(such terms and conditions,Customer's credit application and all work orders between Customer and LF shall be collectively referred to herein as the"Account Agreement"'}: 1. Assignment;Compliance:Restrictions: All temporary employees assigned to Customer by LF are employees of LF. LF is responsible for hiring,disciplining,terminating and/or reassigning employees and LF shall carry Workers' Compensation, unemployment insurance and general liability insurance,as required by law and has the sole right to establish wages and benefits for, all such LF personnel. Notwithstanding the above,if Customer carries its own Workers' Compensation policy which specifically covers LF personnel,Customer shall notify LF and LF shall have no obligation to carry duplicate coverage, With respect to LF personnel compensation LF has agreed to pay such LF personnel, LF shall be responsible for paying,withholding and transmitting payroll taxes, and making unemployment contributions. Customer shall accurately record all the hours worked of assigned LF personnel on the work order. Customer shall comply with all applicable laws without limitation,the Occupational Safety and Health Act of 1970 and all other laws relating to operation of all machinery,equipment or vehicles furnished by Customer. LF is responsible to provide PPEs and safety equipment to our personnel, however in the event our personnel show up without said PPE and or safety equipment,customer shall furnish LF personnel with all safety and other equipment and clothing necessary,customary or required by law for work by assigned LF personnel, prior to putting them to work. Customer shall be fully responsible and liable for the supervision of LF Employees furnished to them, including all orders made by or on behalf of Customer. Customer will not,without LF's prior written consent, utilize LF personnel: (a)To operate(1) machinery,equipment or vehicles not covered by the insurance coverage required below,or(ii)dangerous or unprotected machinery;M For excavation work without proper shoring and protection,or work on ladders or scaffolding without proper fall protection;or c}}As a crew member of a vessel or In maritime work upon US navigable water subject to the United States Longshoremen's and Harbor worker's Compensation Act,the Jones Act or other similar law("Maritime Laws').Customer shall not,without LF's prior written approval,(1) Entrust LF personnel with unattended premises,cash,checks,credit cards, merchandise,confidential or trade secret information,negotiable instruments or other valuables,or(2) Use or disclose any information relating to LF personnel or any other LF propnetary,confidential or trade secret information, Criminal background checks are performed on LF personnel at the request of the customer only. 2, Insurance'Limitation on Liability;Indemnification: Custornershall maintain commercial general,comprehensive autornotivlabiliity and property damage insurance coverage reasonably acceptable to LF and which is at least adequate to cover Customers'indemnification obligations hereunder. LF shall not be liable for; LF personnel under Maritime Laws,or damage to or loss of use of vehicles(Including contents therein),machinery, equipment or material furnished by Customer; Customer's failure to supervise,control or safeguard its premises, processes or systems,or any order,directive or other act or omission of Customer or its agents, contractors or employees;or any Indirect,special,punitive or consequential damages. Customer agrees to indemnify,defend and hold LF and Its affiliates,franchisees,franchisors,officers and directors, harmless from all claims, costs,demands,suits,actions,liabilities,losses,expenses,damages and penalties arising out of:(a) Customer's breach of the Account Agreement(including Customers'violation of applicable law or Customer's assignment of LF personnel as prohibited herein); h}any death, injury,or damage to or lass of,properly caused by Customer and assigned LF personnel's use of vehicles,machinery or equipment furnished by Customer;or(c)any negligence,willful misconduct or other act or omission of Customer or its agents,contractors or employees. Residential or Commercial Moving Jobs: If customer is hiring LF personnel to move household items or building contents,all the conditions of liability apply and any damage to or loss of personal property will be the responsibility of the homeowner's or business insurance and not the responsibility of LF. LF makes no claims as to the experience of LF personnel to move household items,We do not employ professional movers. 3. Fees; Payment Terms, LF will Invoice Customer for all fees and expenses due to LF for the services provided under the Account Agreement,and payment by Customer shall be due within thirty days of the invoice date. Unless customer is a credit card only customer. In the event customer elects to pay by credit card instead of being invoiced,an estimate of the charges shall be applied to the credit card PRIOR to service and an additional charge or refund will be applied at the conclusion of the services on a daily basis. Customer's signature on work orders certifies that the hours shown are correct and the work was performed to Customer's satisfaction,and authorizes LF to bill Customer for the hours worked. 3 Please Read And Complete All Pages And Return To Us For Processing Form CAT April 2018 DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 l Here Account Terms and Conditions Initia Customer acirees to notify LF immediately whenever LF personnel perform any work under a government contract or which is otherwise subject to the Davis-Bacon Act,the McNamara-O'Hara Dobbs Service Contract Act or any other similar prevailing or living wage law,and agrees to pay LF a price differential to reflect: (a)the higher wages that may be due any LF personnel by reason of any Government contract any such prevailing or living wage law,contract specifications or Customer's request(including any overtime work);and(b)LF'standard mar iq n on such wages. Should customer fail to notify LF that the work being performed by LF Personnel falls under the above prevailing wage categories, LF will charge customer an administrative charge of$500 per invoice that requires reissuance due to our need to adjust pay and invoice amounts to comply with certified payroll laws. Customer shall be responsible for all sales,use and similar taxes with respect to LF's services(excluding taxes on LF's income). Invoices not paid within 30 days of receipt will be assessed a finance charge of 1.5%per month, 18%annualized,or,if lesser,the applicable maximum legal interest rate. Customer's failure to dispute an invoice in writing within 14 days of the invoice date shall constitute Customer's irrevocable acceptance of,and waiver of any right to later dispute,such invoice. Customer shall pay all reasonable attorneys'fees,costs and expenses incurred by LF in collecting past due amounts. Customer authorizes all banks and businesses with which Customer does or has done business to disclose to LF all information which LF reasonably deems necessary to assist LF in its credit viability investigation and authorizes LF to obtain credit reports from credit reporting agencies and to re-investigate Customer's credit status as LF may reasonably deem necessary, llWe understand and agree any and all suits for any and every breach of this contract and any action at law shit in equity or other judicial proceeding for the enforcement of this contractor airy provision thereof shallbe instituted only in the District Court of the office that provided service to you in the State of North Carolina. This contract shall be governed by the laws of the State of North Carolina both as to interpretation and performance. 4. Miscellaneous:. The Account Agreement constitutes the entire agreement and understanding between Customer and LF, and supersedes any and all prior agreements,representations,and undertakings,written or oral, between the parties relating to the subject matter contained herein. No amendment to the Account Agreement shall be effective unless in writing and signed by both parties. If any one provision of the Account Agreement Is found to be void by a court of law,such provision shall be severed and the remaining provisions of the Account Agreement shall remain in full force and effect.The Account Agreement may not be assigned by Customer without LF's prior written approval. A waiver of any default by either party shall not constitute waiver of any subsequent or other default. Except for claims for equitable relief, any controversy or claim arising ut of or relating to the Account A reement shall be resolved by arbitration in accordance with the Federal Arbitration Act and the American Arbitration Association's then-current Commercial Arbitration Rules. Any work performed by either party under the Account Agreement shall be in that party's capacity as an independent contractor and nothing therein shall be construed to place either party in the relationship of partners,joint ventures,principals,agents,or employers of the other party. LF may, upon written notice to Customer, reduce or adjust any credit limit extended to Customer,decline to sell or provide any service to purchaser under this Account Agreement or terminate this Account Agreement. Customer represents and warrants that It has the right and full power and authority to execute, deliver and perform the Account Agreement. The hourly bill rate is based on our standard wages for the furnished temporary employees. In the event that you request LF to pay any worker at a higher wage(including for overtime work),the request must be in writing. In the event that a higher wage is required by reason of any Government contract or the Davis-Bacon Act,the McNamara-O'Hara-Dobbs Service Contract Act or any other similar prevailing or living wage law,the contract specifications or overtime work,Customer acknowledges that we will need to increase the bill rate accordingly. Customer agrees to provide LF with any/all wage information in the event that we are asked to supply workers to a Federal, State or Department of Transportation or other government contractjob where a living or prevailing wage is required under any such prevailing or living wage law. This information must be provided to LF prior to commencement of work by LF. Should customer fail to make this information known at time service is requested a $500 administrative fee shall be added to each customer's 1 n v o t c e correction when L F has to go back historically and create certified payrolls in arrears. In the event that LF is required to pay an employee at a higher wage either by law, by request of Customer or as otherwise provided above or in the Account Terms and Conditions, Customer agrees to compensate LF for the proportional difference in the hourly billing rate and LF's standard margin on such difference. Bill Rate Agreement; All Bill Rates for various job descriptions shall be listed on the final page of this agreement. Should you require a criminal background check, motor vehicle record and or drug test,the charge for each will be negotiated at the time this agreement is entered into and included on your invoices or your credit card charges, Request for waivers of subrogation will be processed at a charge of$50.00. 4 Please Read And Complete All Pages And Return To Us For Processing Form CAT April 2018 DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 Initial Mere Account Terms and Conditions Permanent Placement Agreement Customer understands that our employee may only be hired by them after customer has worked them through LF for a period of twenty--five work days. Customer further understands that after the 25th day, if customer offers employment to the LF employee,that LF no longer has any employer related obligations or responsibility effective with customer's date of hire. Customer agrees to notify LF of their intent to hire the LF employee. Customer understands and agrees that no additional fee will be charged for this permanent placement,unless customer fails to abide by the twenty-five working days requirement. In the event that customer violates this agreement and hires the LF personnel before the conclusion of twenty-five working days,customer understands a breach of contract penalty of$2500 will be due and payable immediately and failure to pay this penalty will result in legal action for the recovery of this penalty fee plus all reasonable attorneys'fees and court cost. It is further understood that once a customer has worked an LF employee they are not free to hire the LF employee for one year from the date the LF employee first worked for the customer, unless they have elected to hire them at the end of twenty-five working days, Should customer violate this part of the permanent placement agreement, the same breach of contract penalty will be paid and all fees for the collection thereof. Customer understands and agrees that the information provided is for the purpose of obtaining the services of LF on credit,,unless paying with a credit card. Customer further understands and agrees that all accounts or monies due to LF shall be paid in accordance with the credit terms stated herein. Customer authorizes the issue of a joint party check with LF from the General Contractor and/or owner if monies owed to LF become delinquent. For Customers Utilizinci Certified Flamiers Labor Finders provides employees that have been certified to perform traffic safety control flagging services on roadways in NC. Because they are temporary employees, Labor Finders has no control over whether they show up on time to your work zone. We make every effort to ensure they are dispatched from our location timely,so as to arrive at your site early or on time. In the event our employee agrees to work on your site but fails to show up to your work site or makes unapproved stops on the way to a work site,causing them and or the crew to be late,we reserve the right to terminate said employee.This is how seriously we take this. As a result of these rare but unfortunate poor decisions of our temporary employees,there will be times when our flaggers are either late to your site or fail to show up at all. In most cases we will notify you in advance of these situations, if we are aware of it. It is likely however,there will be times when we,due to no fault of our own are not aware, In these instances,because we didn't have knowledge In advance,we will not be able to provide you with notification prior to their fate arrival or no arrival. it is incumbent upon your organization to ensure you have a backup plan in place,so that your equipment and work site can operate without our employees. We will not be financially responsible for any lost time,lost material,or financially responsible in any way when these incidents occur. Our branch professionals work tirelessly to ensure you receive your flaggers on time,but we have no control over them once they leave our branch. Should you need it,we can help with establishing a backup plan by offering to certify any of your employees to flag in the event our crew is late or doesn't show up. This way your equipment can still begin operations on time. We would offer this training free of charge via a third party vendor. 5 Please Read And Complete All rages And Return To Us For Processing Form CAT April 2018 DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 Labor Finders and Host Employer Environmental Health & Safety Requirements Labor Finders, with its principal offices located in the State of North Carolina,. and Orange County Dept.of Asse , with its principal office located at 200 S.Cameron St.Hillsborough NC("HOST Employer") agree to the terms and conditions set forth in this Staffing Agreement (the"Agreement"), Labor Finders 1. Duties and Responsibilities a. Labor Finders must complete safety inspection of jobsite, task level, and job Hazard Analysis for employee's assignments, b. Labor Finders will make available upon request documentation (Existing Company Safety Policy) on general training and competencies related to each skill level of tasks being performed, c. Labor Finders will inquire about the working conditions to which Assigned Employees will be exposed at HOST Employer's work site while completing job order. d. Labor Finders will require general safety training to Assigned Employees. e. Labor Finders will train via Company Safety Policy/Safety Video employees on basic hazard Identification such as: Pictogram 1 Labeling System 1 Hazards of Chemicals and Protective Measures, and Personal Protective Equipment. f. Labor Finders will allow HOST Em Ig_oyer to review their Environmental Health & Safety policy. g. Labor Finders will notify HOST Eml2loyer if and when the staff learns of any Labor Finders employee being hurt on their jobsite, employees have access to Labor Finders staff via telephone f office to report any accidents they may have encountered while on the job. h. Labor Finders must insure employee understands job description and task before being assigned to work order. j. Labor Finders will comply with federal, state and local labor and employment laws applicable to Assigned Employees, including the Immigration Reform and Control Act of 1986; the Internal Revenue Code ("Code"); the Employee Retirement Income Security Act ("ERISA"); the Health Insurance Portability and Accountability Act ("HIPAA"); the Family Medical Leave Act; Title VII of the Civil Rights Act of 1964; the Americans with Disabilities Act; the Fair Labor Standards Act; the Consolidated Omnibus Budget Reconciliation Act ("COBRA"); the Uniformed Services Employment and Reemployment Rights Act of 1994; as set forth in subparagraph h. below, the Patient Protection and Affordable Care Act (ACA); and the Occupational Safety and Health Act of 1978. 1.1 Right to Control In addition to STAFFING FIRM'S duties and responsibilities set forth in paragraph 1, Labor Finders, as the common law employer, has the right to address, and review unilaterally or in coordination with HOST Employer, Assigned Employee work performance issues; and to enforce Labor Finders employment policies relating to Assigned Employee conduct at the worksite. 6 Please Read And Complete All Pages And Return To Us For Processing Form CAT April 2018 DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 Host Employer 2. Duties and Responsibilities a. HOST Em lg_oyer will evaluate each task level and job Hazard Analysis for employee's assignments on every jobsite. b. HOST EWplgvgr must supply documentation on specific training and competencies related to each skill level of tasks being performed upon request. c. HOST Employer provide site-specific safety training to Assigned Employees, and Properly supervise and train, in the same manner as its own employees, d. HOST Em lg_g= must insure Labor Finders completes safety inspection of jobsite. e. HOST Employer will train employees on specific hazard Identification such as it pertains to their particular jobsite. f. HOST Employer will allow labor Finders to review their Environmental Health & Safety policy. g. HOST Emolover must provide accurate job description for task to be performed prior to employee being dispatched to jobsite, if IJOST Employer requests unskilled labor for cleanup, this job description cannot be changed without prior approval from Labor Finders management. h. Properly supervise, control, and safeguard its premises, processes, or systems, and not permit Assigned Employees to operate any vehicle or mobile equipment, or entrust them with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables without Labor Finders express prior written approval or as strictly required by the job description provided to Labor Finders. 1. OSHA's Respirable Crystalline Silica standard 1926.1153 for construction requires supervising employers to limit worker exposures to respirable crystalline silica and to take other steps to protect workers. Supervising Employers are required to: 1. Establish and implement a written exposure control plan that identifies tasks that involve exposure and methods used to protect workers, including procedures to restrict access to work areas where high exposures may occur. 2. Designate a competent person to implement the written exposure control plan. 3. Restrict housekeeping practices that expose workers to silica where feasible alternatives are available. 4. Offer medical exams-including chest X-rays and lung function tests-every three years for workers who are required by the standard to wear a respirator for 30 or more days per year. 5. Train workers on work operations that result in silica exposure and ways to limit exposure. 6. Keep records of exposure measurements, objective data, and medical exams. j. Notify Labor Finders immediately of any OSHA inspection or request for information by OSHA. Authorized representatives of the parties have executed this Agreement below to express the parties agreement to its terms. 7 Please mead And Complete All Pages And Return To Us For Processing Farm CAT April 2018 DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 L �yrcrr� At Labor Finders,we understand your need to have capable team members with varying skill levels to help you succeed. Our goal is to provide you with team members that you need, in a timely manner and only for the time period that your business needs them. Labor Finders has been successfully building teams to assists its customers since 1 975! Below you will find a description of skill levels we provide for as a resource for your success. Special pay rates requested by you that don't fall into the categories below will be negotiated at the branch location level. Labor Light Labor Plus Semi-Skilled Skilled Employee Is Supervised Employee Is Supervised Employee Is Supervised Employee Is Supervised Not required to use power Mot required to have Not required to have Not required to or Pneumatic tools.Tasks existing high-level trade existing high-level trade supervise other require no particular skill, may not be skill, assisting someone employees or work trade skill or training. required to possess all who has, using similar without the supervision required tools. skills as them. of an approved agent. Errrployees are expected to Employees are expected to Eniplo}gee are expected Employees w-e expected to Perform dusting, Perform all unskilled Perform all labor skill Perform as licensed vacuuming, sweeping,as tasks as well as using tasks, as well as have employees such as basic helpers cleaning up basic hand tools, shovel some knowledge of a Carpenters, Electricians, job sites,offices, or work, unloading trucks, specific skill such as an Plumbers, Roller moving tight landscaping, Electrician helper, Operator or anyone that material from one place to handling material that is Carpenter helper, you are asking to have another (that does not 26-701bs, and Light Plumber helper, an exact skill trade or exceed 25lbs) Memo Landscape Help & that you require them to Equipment, Forklift have then' own tools for drivers, some machine a specific job operators, and the use of some power tools DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 j AWAOOAR Transportation Round-Trip Rates: If The Job Is: Transportation Cost Would Be: 20-29 Miles One Way From Branch Location $0.51 per mile 30-39 Miles One Way From Branch Location $0.51 per mile 40-49 Miles One Way From Branch Location $0.51 per mile 5059 Miles One Way From Branch Location $0.51 per mile 60-59 Miles One Way From Branch Location $0.51 per mile 70-79 Miles One Way From Branch Location $0.51 per mile DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 Exhibit A Rate Schedule Job Title Description Hourly Bill Rate Labor Light 1 Light Janitorial, clean up $14.96 Construction labor I labor Plus $16.39 Semi-skilled $18.89 Skilled $23.43-$30.50 Flaggers $16.99 Certified Payroll Jobs Quoted by each job and pay rates Employee Payrate$13.75 $22.97 Should your company representatives fail to cancel an order for temporary personnel prior to the time we dispatch workers to your site,you may be charged a minimum of four hours. Special dote: In many cases we dispatch our employees out an hour before their report time to ensure their timely arrival. Please notify your on-site personnel. A Daily fuel charge of $ 0.51 per Mile will be included on your weekly invoices for all job sites more than 15 miles from our office. Host Employer Labor Finders Office Orange County Dept. of Asset Management Raleigh Print[Vamp:Gel M Print.Name Myron Walker Authorized Signature ` - Authorized Signature X14 i Title 0 Title President/COO Date Date 8!2812018 612812018 DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 Remit Sparrow Enterprise, Inc. To : Labor Finders (Raleigh) OOM Box 890043 Ch ACA arlotte, NC 0 28289-0043 Phone: (919)713-0717 WORKERS WHEN YOU NEED THEM Invoice Number Invoice Date Invoice 31-6-35686 9/16/2018 Terms: Net cash seven(7)days. This invoice represents wages and taxes already paid and is due To: Orange County Dept. of Asset Mgmt Services and payable within seven(7)days of above date. Past HO borough, NC 27278 due amounts subject to 18% interest per annum (1.5% per month)or highest applicable rate according to state law. Customer Account#:31-6-5876 Work Order Regular-Time Over-Time Double-Time Number Date Hours Rate Hours Rate Hours Rate Other Charges Amount Hurricane Prep 31-6-122985 09/11/2018 17.00 $22.97 0.00 $0.00 0.00 $0.00 $390.49 Transportation $25.00 31-6-123035 09/12/2018 15.00 $22.97 0.00 $0.00 0.00 $0.00 $344.55 Transportation $25.00 Job Subtotal $785.04 Total Hours 32.00 0.00 0.00 Labor $735.04 Transportation $50.00 Bonus $0.00 Misc. Charges $0.00 Subtotal $785.04 Interest $0.00 Sales Tax $0.00 Total $785.04 Did you know we accept credit card &ACH payments? FAST**SECURE**CONVEN I ENT! Thanks so much for your continued partnership! Customer :Orange County Dept. of Asset Mgmt Se Invoice Date : 09/16/2018 Vendor: Labor Finders (Raleigh) Account# :31-6-5876 Invoice# : 31-6-35686 Page 1 of 1 DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 l &AAff AW �M,PhR DAILY WEEKLY WORK ORDER A LI F� Sparrow Enterprise, Inc. Printed on 09111/2018 07:29 AM Vane 1 of 1 4674 Capital Blvd, tRaleighl Raleigh, NC - 27604 ()A-,,, Phone : (919) 7131717 Customer No, 31-6-5876 DATE DAY TIME INO.OF WORKERS JOB DESCRIPTION 09/11/2016 Tuesday I&K i F::c �ndbags, clear debris, hurricane prep CUSTOMER JOB ADDRESS Grange County Dept. of Asset Mgst Services 131 W. haroaret Lane JOB NAME Hillsborough, NC i�LLae 'prep REPORT TO SITE PHONE DATE H.H. SH GL GS NAME TOTAL HOURS ryrypN TUES WED THUR FRl SAT SUN Wiggins, 1= �, ,,� ✓ Raller, Samuel Christopher I I— r 4 BILLABLE HOURS PER • RECORD DAILY TICKET MINIMUM PER ORDER X PERSON TOTAL HOURS ) Y; HOURS IN TOTAL HOURS COLUMN. IMPORTANT: • RECORD WEEKLY TICKET HOURS IN APPROPRIATE • DON'T GIVE WORKERS ANY CASH *GIVE WORKERS SIGNED WHITE AND YELLOW COPIES. DAY COLUMNS. CUSTOMER AGREES TO THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF AND CERTIFIES THAT THE LISTED EMPLOYEES HAVE SATISFACTORILY PERFORMED SERVICES FOR THE HOURS SHOWN ABOVE.CUSTOMER CERTIFIES THAT ALL MEAL AND REST PERIODS HAVE BEEN PROVIDED TO WORKERS IF AND AS REQUIRED BY FEDERAL,STATE LAW,ORDER OR REGULATION.CUSTOMER ACKNOWLEDGES THAT AGENT WHO SIGNS WORK ORDER IS EXPRESSLY AUTHORIZED TO DO SO. THE ABOVE HOURS ARE CORRECT AND THE WORK HAS BEEN PERFORMED IN A SATISFACTORY MANNER. PRINT NAME&TITLE - - AUTHORIZED SIGNATURE NO.OF WORKERS NEEDED TIME NEEDED • •• •• j� YES �NO REMARKA Copyright X2017 Labor Finders International,Inc.All rights reserved. SKILL VERIFICATION&SUPERVISION REQUIRED BY CUSTOMER INVOICE COPY REVO:17 DOCUSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 &AS R ,Af, UERS DAILY WEKLY WORK ORDER El F-1 31-6-123035 Sparrow Enterprise, Inc. Printed u, 1; :05 P.M Pane 1 of 1 4674 Capital Blvd, (Raleigh) Raleigh, NC - 27604 Phone : (919) 713-0717 Customer No. 31-6-5876 DATE DAY TIME NO.OF WORKERS JOB DESCRIPTION Ia lWednesday 08:0N et; ;a I_aas, __tti 1:U1 - ..urrirane prJ CUSTOMER JOB ADDRESS ;inty Dept. of Ieee# Mgr# Services Margaret Lane JOB NAME Hillshorouuh, NC REPORT TO SITE PHONE (9l9)-201-6829 DATE H.H. SH GL I GS I NAME TOTAL ups MON TUES WE THUR FRI SAT SUN HO , 7 Waller, Sasuel Christopher -7 4 BILLABLE HOURS (P • RECORD DAILYTICKE T MINIMUM PER ORDERPERS°N TOTAL HOURS _ HOURS IN TOTAL HOURS COLUMN. IMPORTANT: • RECORD WEEKLY TICKET HOURS IN APPROPRIATE • DON'T GIVE WORKERS ANY CASH •GIVE WORKERS SIGNED WHITE AND YELLOW COPIES, DAY COLUMNS. CUSTOMER AGREES TO THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF AND CERTIFIES THAT THE LISTED EMPLOYEES HAVE SATISFACTORILY PERFORMED SERVICES FOR THE HOURS SHOWN ABOVE.CUSTOMER CERTIFIES THAT ALL MEAL AND REST PERIODS HAVE BEEN PROVIDED TO WORKERS IF AND AS REOUIRED BY FEDERAL,STATE LAW,ORDER OR REGULATION.CUSTOMER ACKNOWLEDGES THAT AGENT WHO SIGNS WORK ORDER IS EXPRESSLY AUTHORIZED TO DO SO. THE ABOVE HOURS ARE CORRECT AND THE WORK HAS BEEN PERFORMED IN A SATISFACTORY MANNER. PRINT NAME R TITLE - AUTHORIZED S$GNATURE f f NO.OF WORKERS NEEDED TIME NEEDED YES ❑NO f •" "f REMARKS Copyright 02017 Labor Finders International,Inc.All rights reserved. SKILL VERIFICATION&SUPERVISION REQUIRED BY CUSTOMER INVOICE COPY REV0117 DocuSign Envelope ID:7883307E-C860-4560-99B8-EE98E3EB6B35 710/19/2018 E(MMIDDIYYYY) � CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Megan G18SCOtt Assurance Agency, Ltd. PHONE FAX One Century Centre AIC No Ext: 847 598-8745 A/C No: 847 440-9126 1750 E. Golf Road ADDRIESS: mglascott@assuranceagency.com Schaumburg IL 60173 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Zurich American Insurance Co 16535 INSURED SPARENT-01 INSURER B:American Guarantee&Liab 26247 Sparrow Enterprise, Inc.dba Labor Finders 518 West Highway 76 Suite B INSURER C: United Wisconsin Insurance 29157 Chapin SC 29036 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1120342464 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DDIYYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY PRA931474904 6/1/2018 6/1/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100'000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY❑X PRO- ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 JECT OTHER: $ A AUTOMOBILE LIABILITY PRA931474904 6/1/2018 6/1/2019 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �( NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR UMB651319304 6/1/2018 6/1/2019 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$0 $ C WORKERS COMPENSATION WC50000023018 6/1/2018 6/1/2019 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liability PRA931474904 6/1/2018 6/1/2019 Agg:$2,000,000 Occ:$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Proof of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough NC 27278 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD