OR EQUIPMENT MAINTENANCE AGREEMENT
AGREEMENT between __________________
(Governmental Entity), a political subdivision of the state of Idaho, herein
"ENTITY" and ___________________, herein "REPAIRMAN",
THE PARTIES AGREE AS FOLLOWS:
MAINTENANCE SERVICES: ENTITY
hires REPAIRMAN to perform maintenance services on the following vehicles or
REPAIRMAN agrees to perform that
maintenance under the terms of this Agreement.
agrees to pay REPAIRMAN for the maintenance services at the rate of $___________
per hour for all time spent in performing maintenance services and $__________
per hour for all time spent in transporting the vehicles or equipment to and
from the ENTITY offices. REPAIRMAN
will bill ENTITY on a monthly basis at the end of each month, and ENTITY will
pay for such services in accordance with regular payment practices.
The billings or invoices of REPAIRMAN must indicate the exact time spent
in performing the services correct to the one-tenth (1/10) hour.
ENTITY agrees to pay REPAIRMAN for all materials and repair items
reasonably used in repairing the vehicles or equipment in a sum equal to the
cost to REPAIRMAN plus ____%. REPAIRMAN
shall furnish paid invoices for such materials to ENTITY prior to receiving
payment and shall use reasonable diligence in parts acquisition.
PICK UP AND DELIVERY: REPAIRMAN
agrees to pick up all vehicles or equipment from ENTITY and to deliver them back
to the ENTITY after repaired. REPAIRMAN
agrees to pick up the item to be repaired within _____ hours of oral
notification from ENTITY for the needed repair.
The person picking up the vehicle or equipment for repairs shall sign a
receipt indicating the date and time of delivery, and REPAIRMAN agrees to
perform the maintenance and return the vehicle or equipment to ENTITY within
_____ days, unless it is necessary to order the repair parts.
REPAIRMAN agrees that only validly licensed persons twenty-one (21) years
of age or older shall operate ENTITY vehicles pursuant to this Agreement.
warrants and represents that all repairs will be performed in a workmanlike
manner, and REPAIRMAN guaranties the repairs for a period of ____________.
If the vehicle or equipment repaired becomes defective with regard to the
item repaired within said period, REPAIRMAN will again make that repair at no
cost to ENTITY.
INDEMNIFICATION FROM LOSS: REPAIRMAN
agrees to indemnify and to hold ENTITY harmless for any loss or damage to the
vehicle or equipment while in the possession of the REPAIRMAN or its employees.
COMPLIANCE WITH LAWS: REPAIRMAN agrees to comply with all federal,
state, city, and local laws, rules, and regulations.
Agreement may be terminated immediately by ENTITY for breach of this Agreement
by REPAIRMAN and either party may terminate this Agreement by _____ days written
notice of termination to the other party.
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 REPAIRMAN, all REPAIRMAN'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 REPAIRMANís acts.
REPAIRMAN shall provide proof of liability coverage as set forth above to
ENTITY prior to commencing its performance as herein provided, and require
insurer to notify ENTITY ten (10) days prior to cancellation of said policy.
WORKERíS COMPENSATION: REPAIRMAN
shall maintain in full force and effect worker's compensation for REPAIRMAN and
any agents, employees, and staff that the REPAIRMAN may employ, and provide
proof to ENTITY of such coverage or that such worker's compensation insurance is
not required under the circumstances.
INDEPENDENT CONTRACTOR: The
parties agree that REPAIRMAN 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
REPAIRMAN, except to specify the time and performance
and the results to be achieved. REPAIRMAN agrees to pay and be responsible for all taxes due
from the compensation received under this contract.
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.
this _______ day of _______________, 20____.
(County, City or other
(Title or Office)
of Witness or Notary Public)