FORM 101

INDEPENDENT CONTRACTOR AGREEMENT

(Declared Emergency)

AGREEMENT Made between ______________________________________________ (Governmental Entity), a political subdivision of the state of Idaho (hereinafter "ENTITY"), and ___________________________________ ______________________________ (hereinafter "CONTRACTOR").

W I T N E S S E T H:

WHEREAS, the Board of County Commissioners has adopted a resolution declaring an emergency pursuant to Idaho Code §§ 31-1608, 31-4013, and 46-1011.

NOW, THEREFORE, the parties agree as follows:

1.         CONTRACT:  ENTITY hereby employs CONTRACTOR as an independent contractor to. provide the following equipment and necessary support personnel to perform the following services:

______________________________________________________________________________

______________________________________________________________________________            

CONTRACTOR agrees to provide all materials and services for the project in accordance with the attached written specifications and as directed orally by __________________________ (name of emergency coordinator).

2.         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.

3.         COMPENSATION:  ENTITY 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.

4.         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.

5.         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.

6.         WARRANTY:  CONTRACTOR 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.

7.         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 acts and/or any performances or activities of CONTRACTOR, CONTRACTOR's agents, employees, or representatives under this Agreement.

8.         EQUIPMENT:  CONTRACTOR 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.

9.         INSURANCE:  CONTRACTOR 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.

10.       COMPLIANCE WITH LAWS:  CONTRACTOR agrees to comply with all federal, state, city and local laws, rules and regulations.

11.       ENTIRE AGREEMENT:  This is the entire agreement of the parties and can only be modified or amended in writing by the parties.

12.       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 ____________________, 20___.

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