FORM 102

INDEPENDENT CONTRACTOR AGREEMENT

            AGREEMENT made between ____________ (Governmental Entity), a political subdivision of the state of Idaho, herein "ENTITY" and ______________ herein "CONTRACTOR",

            THE PARTIES AGREE AS FOLLOWS:

1.         CONTRACT:  ENTITY hereby employs CONTRACTOR as an independent contractor to complete and perform the following project and work:

______________________________________________________________________________________

______________________________________________________________________________________

CONTRACTOR agrees to provide all materials and services for the project in accordance with the attached written specifications.

2.         TIME OF PERFORMANCE AND TERMINATION:  Parties agree that:

            [  ]  CONTRACTOR shall commence work on the project by ___________, 20____ and complete the                  project by _____________, 20____.

            [  ]  CONTRACTOR will commence work on the project on __________, 20____ and continue until this              Agreement is terminated by ______ days written notice by either party.

3.         COMPENSATION:  ENTITY agrees to pay CONTRACTOR as compensation:

            [  ] The sum of $__________, payable upon completion of the project and acceptance by ENTITY.

            [  ] The sum of $_____________, per __________________ which shall be payable ________________________________________________________.

            [  ] _______________________________________________________________.

4.         INDEPENDENT CONTRACTOR:  The parties agree that CONTRACTOR is the independent contractor of ENTITY and in no way an employee or agent of ENTITY and is 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 or its employees, except to specify the time and place of performance, and the results to be achieved.  ENTITY shall have no responsibility for security or protection of CONTRACTOR'S supplies or equipment.  CONTRACTOR agrees to pay and be responsible for all taxes due from the compensation received under this contract. 

5.         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.

6.         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.

7.         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 prior to commencing its performance as herein provided, and require insurer to notify ENTITY ten (10) days prior to cancellation of said policy.

8.         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. 

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

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

11.       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____.