Made between ______________________________________________ (Governmental
Entity), a political subdivision of the state of Idaho (hereinafter
"ENTITY"), and ___________________________________
______________________________ (hereinafter "CONTRACTOR").
I T N E S S E T H:
the Board of County Commissioners has adopted a resolution declaring an
emergency pursuant to Idaho Code §§ 31-1608, 31-4013, and 46-1011.
THEREFORE, the parties agree as follows:
hereby employs CONTRACTOR as an independent contractor to. provide the following
equipment and necessary support personnel to perform the following services:
agrees to provide all materials and services for the project in accordance with
the attached written specifications and as directed orally by
__________________________ (name of
TIME OF PERFORMANCE AND TERMINATION:
The parties agree that CONTRACTOR will commence work on the project on
_______________, 20_____, and continue until this Agreement is terminated at any
time by either party or until the emergency has abated.
agrees to pay CONTRACTOR as compensation:
The sum of $________________, per ________________ which shall be payable
The hourly rate for each piece of equipment and operator as set forth on
the attached Schedule A.
INDEPENDENT CONTRACTOR: The
parties agree that CONTRACTOR and all its employees are independent contractors
of ENTITY and in no way employees or agents of ENTITY and are not entitled to
workers compensation or any benefit of employment with the ENTITY.
ENTITY shall have no control over the performance of this Agreement by
CONTRACTOR, except to specify the time and place of performance and the results
to be achieved. CONTRACTOR agrees
to pay and be responsible for all taxes due from the compensation received under
WORKER’S COMPENSATION: CONTRACTOR
shall maintain in full force and effect worker's compensation for CONTRACTOR and
any agents, employees, and staff that the CONTRACTOR may employ, and provide
proof to ENTITY of such coverage or that such worker's compensation insurance is
not required under the circumstances.
warrants that all materials and goods supplied under this Agreement shall be of
good merchantable quality and that all services will be performed in a good
workmanlike manner. CONTRACTOR
acknowledges that it will be liable for any breach of this warranty.
agrees to indemnify, defend, and hold harmless ENTITY, and its officers, agents
and employees, from and against any and all claims, losses, actions, or
judgments for damages or injury to persons or property arising out of or in
connection with the acts and/or any performances or activities of CONTRACTOR,
CONTRACTOR's agents, employees, or representatives under this Agreement.
agrees that all equipment used in the performance of this Agreement shall be in
satisfactory condition and that ENTITY shall have the right to inspect the
condition of the equipment at any time. CONTRACTOR
understands and agrees that CONTRACTOR is responsible for all maintenance and
repairs of the equipment.
agrees to obtain and keep in force during its acts under this Agreement a
comprehensive general liability insurance policy in the minimum amount of
$_______________, which shall name and protect CONTRACTOR, all CONTRACTOR's
employees, ENTITY, and its officers, agents and employees, from and against any
and all claims, losses, actions, and judgments for damages or injury to persons
or property arising out of or in connection with the CONTRACTOR's acts.
CONTRACTOR shall provide proof of liability coverage as set forth above
to ENTITY as soon as possible, and require the insurer to notify ENTITY ten (10)
days prior to cancellation of said policy.
COMPLIANCE WITH LAWS: CONTRACTOR
agrees to comply with all federal, state, city and local laws, rules and
ENTIRE AGREEMENT: This
is the entire agreement of the parties and can only be modified or amended in
writing by the parties.
ATTORNEY FEES: Reasonable
attorney fees shall be awarded to the prevailing party in any action to enforce
this Agreement or to declare forfeiture or termination of this Agreement.
DATED this _____ day of
(County, City or other Governmental
(Title or Office)
(Signature of Witness or Notary
and content approved by ____________________, as attorney for __________________