FORM 116


(CONTRACTOR Providing Services to Governmental Entity)

            AGREEMENT between ______________(Governmental Entity), a political subdivision of the State of Idaho, (hereinafter "ENTITY"), enter into this Agreement with _____________, (hereinafter "CONTRACTOR").

            WHEREAS, CONTRACTOR possesses particular knowledge, talent, training, and skill to perform certain acts; and or acts which CONTRACTOR wishes to provide.

            THEREFORE, the parties mutually agree as follows:

            1.            DUTIES OF CONTRACTOR:

            A.  Scope of Duties.   CONTRACTOR will undertake and perform certain acts or events consisting                of __________ at ________ hour on ______ day at such site as may be assigned CONTRACTOR by the ENTITY.

            B.  Equipment.  CONTRACTOR shall supply any specialized equipment required for CONTRACTOR's act and such staff required to run said equipment.

            C.  Indemnification.  CONTRACTOR 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 act and/or any performances or activities of CONTRACTOR, CONTRACTOR'S agents, employees, or representatives under this Agreement. 

            D.  Insurance.  CONTRACTOR agrees to obtain and keep in force during its acts under this Agreement a general liability insurance policy in the minimum amount of $_________ which shall name and protect CONTRACTOR, all CONTRACTOR'S employees, and its officers, agents, and employees from and against any and all claims, losses, action, 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 prior to commencing its performances as herein provided, and require insurer to notify ENTITY ten (10) days prior to cancellation of said policy.

            E.  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.

            F.  Directives.  CONTRACTOR shall comply with and abide by any reasonable and lawful directives issued by any authorized agent of the ENTITY.

            G. Compliance With Laws. CONTRACTOR shall comply with and abide by all federal, state, city, and local laws, rules, regulations and ordinances. 

            H. Hazardous Waste.  CONTRACTOR shall be legally responsible for the generation of any hazardous waste or environmental contamination which may be caused by CONTRACTOR's act and shall indemnity the ENTITY therefore.

            I.  Sponsors.  CONTRACTOR shall fully cooperate with the ENTITY and any sponsor that the ENTITY obtains for the acts or event.  CONTRACTOR shall do all things reasonably necessary to accommodate that sponsorship.

            J.  Endorsements.  CONTRACTOR shall make no commercial endorsements of any product or business  during its acts unless specifically approved in writing by the ENTITY.

            K.  Suspension/Cancellation.  (If applicable) CONTRACTOR shall be present on the site and shall be ready, willing, and able to perform each and every act under this Agreement.  The ENTITY and CONTRACTOR shall mutually determine and agree in good faith to delay, suspend, or cancel any of  the CONTRACTOR'S acts when conditions are present that would render the act or acts impossible, hazardous, and unsafe.

(Optional--Use if Appropriate)

            2.  DUTIES OF ENTITY:

            A.  Site.  The ENTITY shall provide a site of real property of such size and nature to accommodate the CONTRACTOR'S act or acts.

            B.  Merchandise Site.  The ENTITY may, at its option, provide a site where CONTRACTOR shall be          allowed to sell merchandise bearing CONTRACTOR'S logo.

            C.  Assistance.  (The ENTITY will furnish a reasonable number of its employees to assist in loading,               unloading, setting up and striking performance area.  ENTITY will provide a dumpster to deposit waste and will replace it when necessary at no cost to CONTRACTOR.)

            D.  Parking & Access.  The ENTITY will provide parking for CONTRACTOR adjacent to performing area.  Access for CONTRACTOR'S vehicles will only be allowed before and after the acts or event.  No vehicle movement will be allowed during times of act or event except in cases of emergency.

            E.  Merchandise Sales.  (The ENTITY shall not, without CONTRACTOR'S written consent, participate in sales of merchandise bearing CONTRACTOR'S logo, and the ENTITY shall not take or receive any fee based on the amount of merchandise sold.)

            F.  Compensation.  The (ENTITY) shall pay to (CONTRACTOR), following the event on _______(date),        ___________(dollar amount) ($_______)as payment in full for CONTRACTOR's acts or acts (in the case of ____________premises).


            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 this Agreement.

            B.  No Commission.  There is to be no commission deducted from the payment for any other agent or agency.

            C.  Jurisdiction and Venue.  This Agreement shall be governed and interpreted by the laws of the State of Idaho with venue in the _______ Judicial District, _________ of __________, State of Idaho. 

            D.  Attorney Fees.  In the event of any litigation arising under, or as a result of, this Agreement, the prevailing party shall recover its costs and reasonable attorney fees.

            E.  Severance.  In the event any provision or section of this Agreement conflicts with applicable law, or is          otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and shall be carried into effect.

            F.  Modifications.  This Agreement may be modified or amended only by a writing duly executed by both parties.

            G. Merger.  This writing embodies the entire agreement of the parties, and they expressly acknowledge that there are no promises, terms, conditions, or obligations other than those contained this Agreement.  All previous contemporaneous communications, representations, or agreements, either verbal or written, between the parties are superseded by this Agreement.

            H. Notices.  All notices required hereunder shall be given in writing by mail to:

            DATED this _______ day of _______________, 20____.



(Governmental Entity)





Clerk of _____________________________

(County, City or other Governmental Entity)





    (Title or Office)



(Signature of Witness or Notary Public)

Form and content approved by __________________ as attorney for _______________ (Governmental Entity).