AGREEMENT made between
_________________ (Governmental Entity), a political subdivision of the state of
Idaho, herein "ENTITY" and ___________________, herein
THE PARTIES AGREE AS FOLLOWS:
SPRAYING SERVICES: ENTITY
hires SPRAYER to perform spraying services within the ENTITY under the terms of
this Agreement. SPRAYER agrees to
spray weeds for ENTITY on ENTITY lands as provided by this Agreement.
agrees that it will use the following equipment to do the spraying under this
agrees to pay SPRAYER as compensation for its services the following sums:
An hourly rate for the use of the equipment of SPRAYER as follows:
The sum of $__________ for each mile of highway or roadway sprayed by
SPRAYER, on both sides of the road, as ordered by ENTITY.
The sum of $__________ for spraying ______ miles of roads and highways,
_____ times during 20___, as described in the attached Spraying Schedule.
The sum of $________ for spraying ____ acres of land as described in the
attached Spraying Schedule.
The actual cost to SPRAYER of the herbicides and pesticides applied under
roads and highways shall be sprayed at the times set forth in the attached
Spraying Schedule with the herbicides and pesticides and in the treatment
amounts indicated in the attached Spraying Schedule.
COMPLIANCE WITH LAWS: SPRAYER
further agrees to comply with all federal, state, city, and local laws, rules,
acknowledges and agrees that he possesses all government permits, licenses, and
consents (including a “professional application license” and any state
permit or certificate required for weed spraying) to perform the services under
REPORTS AND BILLING: SPRAYER
agrees to give ENTITY a monthly report or billing each month describing all
areas sprayed by SPRAYER and describing in detail the application made.
ENTITY agrees to pay any billing within ten (10) days of receipt.
INDEPENDENT CONTRACTOR: The
parties agree that SPRAYER 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
SPRAYER, except to specify the time and place of performance and the results to
be achieved. SPRAYER agrees to pay
and be responsible for all taxes due from the compensation received under this
INSURANCE: SPRAYER agrees to obtain and keep in force during its
acts under this Agreement a comprehensive general liability insurance policy
(including any endorsement for any over-spray) in the minimum amount of
$____________________, which shall name and protect SPRAYER, all SPRAYER’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 SPRAYER’s acts.
SPRAYER 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.
INDEMNIFICATION: SPRAYER 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 SPRAYER, SPRAYER’s agents, employees, or
representatives under this Agreement.
DISPOSAL AND HANDLING OF TOXIC SUBSTANCES:
SPRAYER agrees to use, handle, store, and dispose of any and all toxic
substances used in the performance of this contract in accordance with
applicable federal, state, city, and local statutes, rules and regulations and
further agrees to indemnify and hold ENTITY harmless from any liability
resulting from the use, handling, storage or disposal of toxic substances.
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 termination or forfeiture of this Agreement.
this ______ day of _________, 20____.
(County, City or other Governmental
(Title or Office)
(Signature of Witness or