FORM 107

BUILDING MAINTENANCE 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.            MAINTENANCE SERVICES:  ENTITY hereby hires CONTRACTOR to perform inspection and maintenance services on the buildings and rooms described on the attached list and map, which are collectively referred to as the premises.  CONTRACTOR agrees to perform inspection and maintenance services on the referenced premises, including:

[  ]            Inspecting premises on a _____ basis to determine maintenance needs. 

[  ]            Vacuuming all carpets and dusting all furniture with polish at least _____ times per week.

[  ]            Shampooing all carpets at least once every _____ weeks with a shampoo approved by ENTITY.

[  ]            Mopping all floors with a cleaner approved by ENTITY at least _____ times per week.

[  ]        Waxing all floors with a wax or polish approved by ENTITY at least _____ times per week, including polishing the floors with a mechanical polisher.

[  ]            Emptying all trash and discarding all materials specified by ENTITY at least _____ times per week.

[  ]            Washing all windows on the inside at least _____ times per ___________ and on the outside at least _____ times per ___________.

[  ]            Cleaning all bathrooms and toilet and lavatory bowls and refilling any paper towel dispensers and toilet paper dispensers at least _____ times per week.

[  ]            Changing light bulbs at least _____ times per ________.

[  ]            Cleaning light fixtures at least once every _____ weeks.

[  ]            Cleaning heating and cold air ducts at least once every _____ weeks.

[  ]            Sweeping all exterior sidewalks _____ times per week.

[  ]            Shoveling snow from sidewalks as needed on a daily basis.

[  ]            Cleaning blinds at least once every _____ weeks.

[  ]            Performing a special cleaning of the premises after special events, as requested by ENTITY, up to _____ times every ___________________ [for the additional compensation of $______ for each special cleaning].

[  ]            Performing minor repairs not requiring special tools and reporting the need for repairs to ENTITY.

[  ]            Washing walls and door moldings to remove markings at least once every _____ weeks.

[   ]            Performing ongoing maintenance and repair to premises as needed.

2.            COMPENSATION:  ENTITY agrees to pay CONTRACTOR the sum of $_________ per _________ for the services, payable ____________________.  In addition, ENTITY will pay CONTRACTOR for additional services as agreed in writing on attached Exhibit "A" so long as prior written approval is obtained from the authorized representative of ______________ (entity name).

3.            MATERIALS AND EQUIPMENT:  CONTRACTOR agrees to provide all materials and equipment necessary to perform the above services at no additional cost to ENTITY.  ENTITY agrees to provide a storage area on the premises for these materials.

4.            EMPLOYEES:  CONTRACTOR agrees to provide ENTITY with a list of the names and addresses of all employees who will be working upon the premises in performing this Agreement.  If ENTITY disapproves of any such employees in writing, CONTRACTOR agrees not to use such employees upon the premises.  CONTRACTOR further agrees to use reasonable care in selecting trustworthy employees.

5.            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.

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

7.            KEYS:  ENTITY will give one set of keys to CONTRACTOR for access to the premises, and CONTRACTOR must obtain the approval of ENTITY as to any employee who is given access to the keys.  CONTRACTOR is responsible for the cost of re-keying any locks required for CONTRACTOR’s loss of keys.

8.            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.

9.            TERMINATION:  This Agreement may be terminated immediately by ENTITY for breach of this Agreement by CONTRACTOR and either party may terminate this Agreement by _____ days written notice of termination to the other party.

10.            DISPOSAL OF TOXIC SUBSTANCES:  CONTRACTOR agrees to dispose of any and all toxic or hazardous substances used in fulfilling this contract in accordance with federal, state, city, and local statutes and regulations and further agrees to indemnify ENTITY from any liability resulting therefrom.

11.            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.

12.            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.

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

14.            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.

DATED this _______ day of _______________, 20____.

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