TRADESMAN AGREEMENT

 

This agreement, is made this day of _______________, 20____, by and between  

 

PAUL DAVIS RESTORATION OF NORTH FLORIDA (hereinafter referred to as

“Corporation”) and _____________________ (the “Tradesman,” hereinafter designated

as “Company”).

Witnesseth, that Corporation and Company, in consideration of their mutual promises to each other hereinafter stated, , have agreed, and by these presents do agree as follows:

  1. Corporation agrees that it shall from time to time offer a job to Company and further agrees that if Company accepts the offer, Corporation shall pay to Company the sum shown on the said work order for each job assigned.
  1. Company agrees that it shall furnish necessary labor, materials, supplies, place of

work, equipment, instrumentalities, tradesmen permits to satisfactorily complete

each job offered by Corporation, and further agrees that it shall accept the sums

shown on said work order for each such job accepted.

  1. Corporation agrees that it shall be responsible for estimates, sales and collections and for general contractor licenses, accounting and records.
  1. Company agrees that it shall perform each accepted job in a good and workmanlike manner, that it shall correct any work which is not performed in a good and workmanlike manner to the satisfaction of the property owner with whom the Corporation has a contract, that it shall make no changes on any job without the prior written approval of Corporation and that it shall ensure that all materials used on each accepted job shall be of good and workmanlike quality so as to adequately meet the intent and specification of the work order. Company agrees to be solely responsible for the completion of the job according to specifications and for the work to be completed in a time frame acceptable to the Corporation.
  1. Company guarantees its workmanship for one year from the date of the signing of a Completion Certificate by the property owner or the receipt of final payment from Corporation, whichever occurs first.
  1. Company agrees that it shall correct any work which is not performed by it in a good and workmanlike manner within seven (7) calendar days from the date that it is placed on notice of the problem. If the Company fails to correct such work within seven (7) calendar days, the Corporation may take steps to ensure that the problem is corrected and the cost of such correction will be charged against the future amounts due to

Company.  In no way is the correction of the problem by Corporation and the charge against future amounts due to Company to be considered a waiver by Corporation of a breach of this tradesman Agreement by Company.

In any event where, as a result of poor or incomplete work, the property is subject to additional damage, Corporation may, at its sole option, elect to correct such damages

itself and all cost therefore shall be borne by Company.

  1. Company agrees that it shall be solely responsible for withholding and payment of all Income Taxes, FICA Taxes, and Unemployment Compensation Taxes on Company and its Employees and Company directs Corporation not to withhold such taxes and agrees that if any Federal or State Agency rules that Company is not a bona fide Company and levies any assessments, penalties, or back taxes, then Company shall be solely responsible for such assessments, penalties, or back taxes on itself and its employees.
  1. Company agrees that it shall provide:
  1. Automobile Liability Insurance,
  2. General Liability Insurance, and
  3. Workers’ Compensation Insurance for itself, its employees, and any and all independent contractors it may employ on any job.

Company further agrees that, if the aforesaid insurances are not provided, Corporation may charge the Job Account of Company with all extra costs and expenses, including charges to Corporation’s own insurance coverage due to the lack of the Company provision of such insurance coverage.  Proof of coverage must be in the form of a valid Accord Certificate of Insurance, provided by Company’s insurer with Paul Davis Restoration named as the Certificate Holder and Additional Insured.

The amount of coverage for General Liability must be $1,000,000.00 and Worker’s Compensation must be $500,000.00.

  1. Corporation agrees that it shall pay to Company the agreed sum stated in paragraph one (1) and paragraph two (2) hereof on the following basis:

Company will submit a detailed, uniquely numbered invoice for payment according to published trade schedule.

  1. Company agrees that it shall not discuss prices, cost, expenses, additional work, or the  terms of this agreement with anyone other than the Associate of the Corporation, and

further agrees to notify Corporation immediately of leads or inquiries concerning additional work whenever said leads or inquiries arise from jobs assigned by Corporation.

  1. Company agrees that it shall provide its office space and telephone service; Corporation agrees that Company may advertise its services in any media or manner and further agrees that Company may accept jobs from other sources as well as from Corporation.
  1. Corporation and Company agree that the intent of the parties is that an independent contractual relationship shall exist between them. Company further acknowledges that it is in business for itself.
  1. Company shall be liable for any and all damages suffered by Corporation that may arise from Company unilaterally ceasing work on a job prior to completion of its responsibilities under an assigned and accepted work order for that job.
  1. Any controversy or claim arising out of or relating to this Agreement or breach thereof, which can not be settled by the parties hereto, shall be settled by arbitration. Each party shall select one arbitrator and the two of them shall select a third party and a majority of the three shall decide the issue and such decision shall be binding on each of the parties to the arbitration.  A representative of the Franchisor shall serve as Advisor to the committee, but shall not be present during any deliberation of the committee.  The committee shall determine which party or parties pay the expenses of the arbitration and deposit to cover said expenses.
  1. Not withstanding the provisions of paragraph 14 above, if either party hereto shall institute litigation against the other party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover from other party all costs and expenses (including reasonable attorney’s fees) incurred by the prevailing party in connection with such litigation.
  1. The Corporation desires that all of its Tradesmen be cognizant of and adhere to good safety procedures and practices. Company shall sign for receipt and understanding of the Safety Rules attached as an Addendum to this agreement.
  1. All trades understand that Paul Davis Restoration is a drug free workplace. “The use, sale, purchase, dispensing, or possession of illegal drugs and the use of alcohol are inconsistent with our company’s commitment to provide a safe and productive work environment. The possession of alcohol and/or illegal drugs is strictly forbidden on a Paul Davis Restoration of North Florida job site. Violation of this policy or reporting to a Paul Davis Restoration job site for any reason under the influence of alcohol and/or illegal drugs will result in immediate termination as an authorized trade.”
  1. Paul Davis Restoration also requires that all people working on behalf of Paul Davis Restoration on a customer job site must have completed background checks and be felon free. It is the responsibility of each Company to conduct these background checks annually.   In addition, the attached declaration is required to be signed by all Company employees working on Paul Davis Restoration jobs.
  1. Company agrees that all salvage is the property of Paul Davis Restoration of North Florida to dispose of however it sees fit.    Due to the nature of our relationship with our customers it would not be right for employees, trades or subcontractors to reclaim property that has been declared a total loss and disposed of.    As a representative of Paul Davis Representative you are not to reclaim discarded belongings from dumpsters.   The company may, however, with the knowledge and approval of the insurer, take salvage which it can then use to practice restoration techniques and keep, sell or give away as it sees fit.    Senior management is responsible for all salvage decisions.  Approval for taking of ANY salvage items related to a customer job – MUST be received from Corporation owners prior to removal and when approved will not be allowed to be claimed until the job is completed, signed off and fully paid.   Failure to abide by this policy will result in disciplinary action that may include termination and /or removal from our approved subcontractor/vendor list..
  1. Corporation and Company agree that this Agreement shall be effective on the date designated above, and further agree that this agreement shall be continuous in nature until termination which may be effected by either party upon giving a thirty (30) day written notice of termination to the other party.
  1. Should one particular provision of this Agreement, or any word, phrase, sentence, clause, or paragraph thereof be declared invalid or illegal by any federal, state, county, or municipal government, such invalidity or illegality shall not affect the other provisions hereof shall, nevertheless, remain in full force and effect and shall be construed in all respects as if such invalid or illegal provisions were omitted.
  2. Corporation and Company agree that this Agreement shall not be assigned without the written consent of both parties hereto, and further agree that this instrument contains the entire agreement between the parties, and no statement, promise or inducement made by either party hereto, or agent of either party hereto, which is not contained in this written instrument, shall be valid or binding.

CORPORATION:

Paul Davis Restoration of North Florida

BY: ______________________________

TRADESMAN (Company):

__________________________________

BY: ______________________________

Federal Tax ID: _____________________

City, State: _________________________

Zip Code:__________________________

Telephone:_________________________

E-mail:____________________________