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forestfireguy
01-24-2008, 05:50 PM
We are bidding landscape maintenance at 2 large commercial sites in northern NJ. I need someone who is liscensed and has expeirience with office parks. It is 4 fert apps 2 weed control and possibly one lime app, each site is about 9 acres to be treated but it is all broken up. If you are interested please PM me and we will talk.

Whitey4
01-24-2008, 06:20 PM
Not sure about Jersey laws, but in NY I can't sub. I have to hold the contract directly with the customer. In NY, you might be able to find a certified applicator that you would have to put on payroll, and he could do "off site supervision", IF he trusted you and your crews to steer clear of law violations. That way, you could hold the customer contract, but you would still have to be a registered pesticide company with the State DEC. Again, that's all NY regs....

forestfireguy
01-25-2008, 09:31 AM
We are liscensed, we are just trying to stay away from doing the apps ourselves. What I'm getting at is we could do it but, fert and other apps are not our "specialty", we aren't set up for making applications on such a large scale, we could but with the equipment we own it would take longer than it should and therefore not be as profitable as it could be, if we are only going to profit a little bit, then why not farm it out and let someone else make too... I assume it is like other things, being set up properly equipment wise would make it faster and therefore more profitable for someone than it would be for us.

forestfireguy
01-31-2008, 09:19 AM
Bump to the top!!!!!!!!

PROCUT1
01-31-2008, 09:31 AM
Must be a NYC thing because Ive been subbing out my ferts for years now.

Whitey4
01-31-2008, 12:15 PM
Must be a NYC thing because Ive been subbing out my ferts for years now.

Ferts you can sub.... just no pesticides.

turf hokie
02-01-2008, 09:55 PM
Sending you a PM. B/C I am subbed out to do over 150 Acres of full service fertilizer and pesticides in NY and would love to see if we could come to an agreement.

turf hokie
02-01-2008, 10:04 PM
Not sure about Jersey laws, but in NY I can't sub. I have to hold the contract directly with the customer. In NY, you might be able to find a certified applicator that you would have to put on payroll, and he could do "off site supervision", IF he trusted you and your crews to steer clear of law violations. That way, you could hold the customer contract, but you would still have to be a registered pesticide company with the State DEC. Again, that's all NY regs....

True Whitey, but then you can enter into a contract with the subcontractor and everybody is covered. We do it all the time.

Whitey4
02-01-2008, 10:14 PM
True Whitey, but then you can enter into a contract with the subcontractor and everybody is covered. We do it all the time.

Oh, ok, sure deals can always be worked out... just some LCO's don't want another guy to hold that contract directly. But billing and everything else still has to go through the applicator... so he isn't really a subcontractor, but semantics. I would call such an arrangement a "finder's fee", a commission or something like that, but it's semantics. As long as the applicator uses his contract, his direct billing and has that contract signed with all the legal info, signed by him and the customer, and he does all the other stuff, keeping the contract on file for 3 years etc, that can work. I know it may sound like I'm nitpicking, but that is how the rather obtuse laws are written.

turf hokie
02-02-2008, 02:05 PM
I'm not going to argue over this Whitey. It has nothing to do with "semantics" or a "finder's fee", I dont hold a contract with YOUR customer YOU do. I hold a contract with YOU.

Here is how it works.

Whitey's Landscaping contracts with Mrs. Smith to do a 5 step program. Whitey's Landscaping does not want to do the applications for any number of reasons. Whitey's Landscaping calls Hokie Lawn Care. Hokie Lawn care contracts with Whitey's to do the applications at Mrs. Smiths house. I bill Whitey's and have no contact with Mrs. Smith.

Mrs. Smith sends Whitey;s a check for the application that was done. Whiteys sends Hokie a check for the application he did for whitey's.

It is a standard subcontractor arrangement. No different than if a pool company sells a pool with pavers around it. They dont want to do the pavers so they hire ABC pavers to install the pavers. ABC pavers does not have a contract with the homeowner, only with the pool company.

Whitey4
02-02-2008, 03:06 PM
I'm not going to argue over this Whitey. It has nothing to do with "semantics" or a "finder's fee", I dont hold a contract with YOUR customer YOU do. I hold a contract with YOU.

Here is how it works.

Whitey's Landscaping contracts with Mrs. Smith to do a 5 step program. Whitey's Landscaping does not want to do the applications for any number of reasons. Whitey's Landscaping calls Hokie Lawn Care. Hokie Lawn care contracts with Whitey's to do the applications at Mrs. Smiths house. I bill Whitey's and have no contact with Mrs. Smith.

Mrs. Smith sends Whitey;s a check for the application that was done. Whiteys sends Hokie a check for the application he did for whitey's.

It is a standard subcontractor arrangement. No different than if a pool company sells a pool with pavers around it. They dont want to do the pavers so they hire ABC pavers to install the pavers. ABC pavers does not have a contract with the homeowner, only with the pool company.

I don't want to argue either. But that simply is not in compliance with Policy DSHM-PES-05-11 part H:

H. Business Signatory to Commercial Lawn Application Contracts

Regulatory Citation: Under 6 NYCRR 325.40(a)(6), the contract must "be signed by both the pesticide applicator or business providing the commercial lawn application and the owner or owner's agent of the property..." to be treated.

Compliance Measures: The following are the alternative compliance measures for several scenarios regarding business signature on commercial lawn application contracts:

The business owner may sign the contract, even if the owner is not a certified applicator.
An applicator may sign the contract, if authorized by the business to do so, and that applicator does not have to be the applicator whose certification number is listed in the contract as the person to perform or supervise the service.
An apprentice may sign the contract, if the business authorizes the apprentice to sign for the business.

http://www.dec.ny.gov/regulations/8866.html

If a business is not a registered pesticide business within the state of NY, it may not enter into a contract for pesticide applications with a property owner. That contract has to be held by the company that actually makes the application.

A legal contract must include the company's NYSDEC Pesticide Registration Number, the Pesticide Applicator's Certification Number, the Pesticide Business name, address and phone number. If the contract is signed by anyone who is not employed by the "Pesticide Company" doing the application, it's a voilation of NYCRR Section 325.40.

I just got certified, and am waiting for my Pesticide Reg number to come back. This is how the law is written. If the company that is working with you gets audited, he is toast. The DEC won't be too happy with your company either, but the certified applicator can't claim ignorance of the law. He could lose his cert over a violation like this.

phasthound
02-02-2008, 05:39 PM
We are bidding landscape maintenance at 2 large commercial sites in northern NJ. I need someone who is liscensed and has expeirience with office parks. It is 4 fert apps 2 weed control and possibly one lime app, each site is about 9 acres to be treated but it is all broken up. If you are interested please PM me and we will talk.

It's all very legal in NJ.
Where in north Jersey are the sites? I may be able to hook you up with someone.

turf hokie
02-02-2008, 06:53 PM
Forest fire
Sent you a PM with my info and sorry for the semi hijacked thread.