WHEREAS the Contractor is in the business of facilitating site inspections of properties to determine the suitability and requirements of an individual site for the installation of solar panels and related equipment, and the Subcontractor is engaged in the business of performing site inspections to determine the suitability and the requirements of the site to be able to install solar panels and related equipment; and
WHEREAS the Contractor desires to enter into this Agreement with the Subcontractor, for Subcontractor's services to the Contractor as a site inspector; and
WHEREAS the Subcontractor desires to enter into this Agreement and to provide its services to the Contractor as a site inspector, upon the terms and conditions hereinaftter set forth.
NOW, THEREFORE, the parties hereto agree as follows:
1. The Contractor shall engage the services of the Subcontractor as a site inspector and the Subcontractor shall provide said services to the Contractor upon the terms and conditions hereinafter set forth.
2. Term: This Agreement shall commence on the day it is executed by both parties and shall terminate upon completion of the services of the Subcontractor as provided for herein.
3. Duties of Subcontractor. The Subcontractor shall visit the site assigned by the Contractor to the Subcontractor for the purposes of preparing a written site assessment of the assigned site for the suitability and requirements for the installation of solar panels and equipment at the designated site. The Subcontractor agrees to conduct said site inspection and prepare the written report in accordance with the training manual prepared by the Contractor and given to the Subcontractor. The Subcontractor hereby acknowledges that it has received the subject training manual and agrees to abide by its terms, conditions, and requirements.
4. Time Requirements. The Subcontractor shall devote such time as is necessary to complete the site inspection and prepare the written report within 1-day(s) following the execution of this Agreement by both parties.
5. Fees to Subcontractor. The Contractor shall pay the Subcontractor upon for each completed report the sum of $80 to $135 within 7-days following the receipt of the written report from the Subcontractor. In the event Subcontractor fails to deliver the written report within the timeframe provided for herein this Agreement shall be deemed to be canceled and both parties shall be deemed to have no further obligations hereunder.
6. Relation of the Parties. The Subcontractor is retained by the Contractor only for the purposes and to the extent set forth in this Agreement and the Subcontractor's relationship to the Contractor shall, during the term of this Agreement, be that of an Independent Contractor. The Contractor shall not withhold, from sums becoming payable to the Subcontractor hereunder, any amounts of State or Federal Income Tax, or for FICA (Social Security) Taxes during the term of this Agreement. The Subcontractor shall not be considered as having an employee status or as being entitled to participate in any plans, arrangements or distributions by the Contractor pertaining to or in connection with any pension, stock, bonus, profit sharing or other benefit extended to the Contractor's employees.
7. Professional Responsibility. Nothing in this Agreement shall he construed to interfere with or otherwise affect the rendering of services by the Subcontractor in accordance with his independent and professional judgment. The Subcontractor shall perform its services substantially in accordance with generally accepted practices and principles as contained in the training manual. This Agreement shall be subject to the laws, rules, and regulations of all applicable building codes governing the practice of the Subcontractor's trade in the State where the site is located
8. Indemnification. The Contractor and the Subcontractor agree to indemnify and hold each other harmless from all claims, actions, damages, losses, fees (including attorneys' fees) costs, expenses and all other liabilities whatsoever related to or arising out of the Contractor's or the Subcontractor's acts or omissions in respect of either party's performance or failure to perform its obligations under this Agreement. This Article shall survive the termination of this Agreement.
9. Termination. This Agreement may be terminated at any time, with or without cause, by either party upon written notice.
10. Notice. Any notice required to be given hereunder shall be deemed given when sent to the addresses set out herein above. The parties agree to accept notice by email and each party shall provide the other party with an email address upon request for said notices.
11. Income Tax Designation. If the Internal Revenue Service should determine that the Subcontractor is, according to IRS guidelines, an employee subject to withholding and social security contributions, the Subcontractor hereby agrees and acknowledges that all payments made to the Subcontractor under this Agreement are gross payments, and the Subcontractor is responsible for the reporting and payment of all income taxes and social security contributions due in respect of their contractual compensation.
12. Covenant Not to Compete. In order to protect the trade, business, goodwill, proprietary interests and trade secrets of the Contractor, the Subcontractor agrees that during the term of this Agreement and for a period of twenty-four (24) months therefrom. that Subcontractor shall not, directly or indirectly, individually or in conjunction with others: (i) engage in the business of the Contractor; and (ii) solicit or obtain the services of any person or other subcontractor who was an employee or associate of Contractor, and (iii) communicate or conduct business with any client or communicate directly with any client of Contractor who is referred to Subcontractor. All communication with a client of the Contractor shall be made by Subcontractor directly through the Contractor.
13. Disputes. Any dispute which may arise between the parties in respect of this Agreement shall be resolved by binding arbitration under the auspices of and subject to the commercial rules of the American Arbitration Association. Each party shall bear their own cost, expenses, and attorneys' fees in any such arbitration proceedings. The parties agree that any arbitration proceeding arising hereunder shall be held exclusively in Palm Beach County, Florida.
14. Location Monitoring. The Subcontractor agrees that the Contractor may monitor the location of the Subcontractor by GPS when the Subcontractor is engaged in performing a site visit.
15. Insurance. The Subcontractor shall maintain in full force and effect liability insurance in the amount of $100K, during the term of this Agreement. The Subcontractor shall provide evidence of said insurance to the Contractor upon request. The Subcontractor shall name the Contractor, as an additional insured, on said liability insurance policy, upon the request of the Contractor.
16. Background Check. In the interest of maintaining the safety and security of our customers, employees and property, Team Green Force Inc. (the “Company”) will order a “consumer report” (a background report) or “investigative consumer report" on you in connection with your employment application, and if you are hired, or if you already work for the Company, may order additional background reports on you for employment purposes. The background check company, Public Record Report (the "Background Check Company"), will prepare the background report for the Company. The Background Check Company can be reached by phone at their Internet Web site address www.PublicRecordReports.com. The background report may contain information concerning your character, general reputation, personal characteristics, mode of living, and credit standing. The types of information that may be ordered include but are not limited to: Social Security number verification; criminal, public, educational and, as appropriate, driving records checks; verification of prior employment; reference, licensing and certification checks; credit reports; drug testing results; and, if applicable, worker’s compensation injuries. Workers’ compensation information will only be requested in compliance with federal Americans with Disabilities Act and/or any other applicable federal, state or local laws and only after a conditional job offer is made. Credit history will only be requested when permitted by law and where such information is substantially related to the duties and responsibilities of the position for which you are applying. The information may be obtained from private and public record sources, including personal interviews with your associates, friends, and neighbors. (An “investigative consumer report” is a background report that includes information from such personal interviews, except in California where that term means any background report that is not a credit report.) The nature and scope of the most common form of investigative consumer report is an investigation into your education and/or employment history conducted by the Background Check Company or another outside organization. By ‘Accepting’ the these terms, you will accept that a background check will be run in your name, which may be used in consideration to having you contracting with Team Green Force Inc.
Contact Information
If you have any questions or concerns about these terms, please contact us at support@green-force.co.