FORM 109

VEHICLE OR EQUIPMENT MAINTENANCE AGREEMENT

AGREEMENT between __________________ (Governmental Entity), a political subdivision of the state of Idaho, herein "ENTITY" and ___________________, herein "REPAIRMAN",

THE PARTIES AGREE AS FOLLOWS:

1.            MAINTENANCE SERVICES:  ENTITY hires REPAIRMAN to perform maintenance services on the following vehicles or equipment:

______________________________________________________________________________

REPAIRMAN agrees to perform that maintenance under the terms of this Agreement.

2.            COMPENSATION:  ENTITY agrees to pay REPAIRMAN for the maintenance services at the rate of $___________ per hour for all time spent in performing maintenance services and $__________ per hour for all time spent in transporting the vehicles or equipment to and from the ENTITY offices.  REPAIRMAN will bill ENTITY on a monthly basis at the end of each month, and ENTITY will pay for such services in accordance with regular payment practices.  The billings or invoices of REPAIRMAN must indicate the exact time spent in performing the services correct to the one-tenth (1/10) hour.  ENTITY agrees to pay REPAIRMAN for all materials and repair items reasonably used in repairing the vehicles or equipment in a sum equal to the cost to REPAIRMAN plus ____%.  REPAIRMAN shall furnish paid invoices for such materials to ENTITY prior to receiving payment and shall use reasonable diligence in parts acquisition.

3.    PICK UP AND DELIVERY:  REPAIRMAN agrees to pick up all vehicles or equipment from ENTITY and to deliver them back to the ENTITY after repaired.  REPAIRMAN agrees to pick up the item to be repaired within _____ hours of oral notification from ENTITY for the needed repair.  The person picking up the vehicle or equipment for repairs shall sign a receipt indicating the date and time of delivery, and REPAIRMAN agrees to perform the maintenance and return the vehicle or equipment to ENTITY within _____ days, unless it is necessary to order the repair parts.  REPAIRMAN agrees that only validly licensed persons twenty-one (21) years of age or older shall operate ENTITY vehicles pursuant to this Agreement.

4.            WARRANTY:  REPAIRMAN warrants and represents that all repairs will be performed in a workmanlike manner, and REPAIRMAN guaranties the repairs for a period of ____________.  If the vehicle or equipment repaired becomes defective with regard to the item repaired within said period, REPAIRMAN will again make that repair at no cost to ENTITY.

5.            INDEMNIFICATION FROM LOSS:  REPAIRMAN agrees to indemnify and to hold ENTITY harmless for any loss or damage to the vehicle or equipment while in the possession of the REPAIRMAN or its employees.

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

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

8.            INSURANCE:  REPAIRMAN 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 REPAIRMAN, all REPAIRMAN'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 REPAIRMAN’s acts.  REPAIRMAN 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.

9.            WORKER’S COMPENSATION:  REPAIRMAN shall maintain in full force and effect worker's compensation for REPAIRMAN and any agents, employees, and staff that the REPAIRMAN may employ, and provide proof to ENTITY of such coverage or that such worker's compensation insurance is not required under the circumstances.

10.            INDEPENDENT CONTRACTOR:  The parties agree that REPAIRMAN 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 REPAIRMAN, except to specify the time and  performance and the results to be achieved.  REPAIRMAN agrees to pay and be responsible for all taxes due from the compensation received under this contract.

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)