2018-697-E AMS - Sparrow Enterprises Labor Finders hurricane prep

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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