exv10w4



 







Exhibit 10.4




[BBI INTERNATIONAL LOGO]

[BIOFUELS RECRUITING]




Contingency Staffing Services Agreement



This Staffing Services Agreement (“Agreement”) is entered into on this 16 day of June, 2006, by and
between BBI International (“BBI”), a Colorado corporation, and E Energy Adams (“Client”).



WHEREAS, BBI is engaged in providing staffing services and BBI desires to be engaged by Client, all
on the terms and conditions of this Agreement; and



WHEREAS, Client desires to engage BBI to provide staffing services from time to time and BBI
desires to be engaged by Client on the terms and conditions of this Agreement; and



WHEREAS, As used herein, the term “Candidate” means a person BBI has submitted to Client for
consideration as a potential employee by Client.




Client is identified as:



E Energy Adams, LLC

510 Main Street, PO Box 49

Adams, NE 68301




Contractor is identified as:



BBI International

PO Box 1146

228 North F Street

Salida, CO 81201




			
	 	 	 
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THEREFORE, in consideration of the premises and mutual promises contained herein, the parties agree
as follows:




1. Term



This Agreement shall commence on the date this Agreement is executed by all parties, and continue
for an initial term of one (1) year, and shall continue thereafter (on a month-to-month basis)
unless terminated in writing by either party.




2. Definition of Services



BBI will provide staffing and recruiting services from time to time as requested by Client. It is
understood that under this Agreement all services provided by BBI will be provided on a contingency
basis. Contingency Staffing Services are defined as follows: Upon request from Client, BBI will
source, recruit, screen, and deliver Candidates as directed by Client. BBI is responsible for all
costs associated with sourcing, screening, and recruiting of Candidates. Client is not responsible
for payment to BBI unless Client has hired a Candidate delivered by BBI.




3. Fees and Payment



Client agrees to pay BBI 25% of the first year annual salary, including guaranteed bonuses, for any
Candidate BBI has supplied to Client that Client has hired as an employee. BBI’s minimum placement
fee is $10,000. BBI will invoice Client for said amount within 10 days of the Candidates first day
of employment. Payment in full for invoice(s) shall be due within 30 days from invoice date.




4. Submittals



Resumes submitted to Client are confidential and for Client use only. Client agrees that BBI is
the representative of all Candidates for which resumes are submitted to Client by BBI.
Accordingly, Client agrees that if any Candidate submitted to Client by BBI is hired either
directly or indirectly by Client within three hundred sixty five (365) days of the receipt of
resume, Client agrees to pay to BBI as liquidated damages an amount equal to 25% of the employees
first year annual salary, including guaranteed bonuses.




5. Guarantee



If, within 90 days of the Candidates starting date, Client is dissatisfied with the performance of
the Candidate, and Client wishes to terminate Candidate employment, Client shall not be required to
pay BBI fees associated with that Candidate and BBI agrees to refund any payments made by Client
for said Candidate. Client must notify BBI within the initial 90-day period, specifying the
reasons for its dissatisfaction and termination. BBI agrees, if requested by Client, to conduct a
new search to replace the Candidate that has been terminated.




6. Confidentiality



BBI recognizes that while performing its duties under this Agreement, BBI may be granted access to
certain proprietary and confidential information regarding Client’s
business, customers, and employees. BBI agrees to keep such information confidential and the
obligations of this
paragraph will survive the termination of this Agreement. This




			
	 	 	 
	BBI Contingency Staffing Services Agreement
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paragraph does
not apply to information that was previously known or information that is available in the public
domain.




7. Amendments



This Agreement may be amended, waived, changed, modified or discharged only by an agreement in
writing signed on behalf of all parties by the authorized representatives executing this Agreement.



IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above
written.




	 	 	 	 	 	 	 
	 

	 	 	 	 	 	 
	BBI INTERNATIONAL
	 	 	 	 	 	 
	 

	 	 	 	 	 	 

	/s/ Matthew Spoor

	 	 	 	/s/ Jack L. Alderman	 	 
	 

	 	 	 	 	 	 
	Signature

	 	 	 	Signature	 	 
	 
	 	 	 	 	 	 
	Name: Matthew Spoor

	 	 	 	Name:	 	 
	Title: Manager

	 	 	 	Title:	 	 
	Date:

	 	 	 	Date:	 	 






			
	 	 	 
	BBI Contingency Staffing Services Agreement
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